Gerard v. State

HAWKINS, Judge.

—Conviction is for robbery. Penalty imprisonment for life.

Appellant was indicted for robbery by assault of J. E. Lyon on February 5, 1921. It was also properly alleged and proven that he had theretofore in November, 1915, been convicted for a like offense, to-wit: the robbery by assault of Henry Burrisk. Under proper instructions the jury found him guilty of the Lyon’s robbery, and also ■ found that he had theretofore been found guilty of the Burrisk robbery. The jury fixed no punishment, and were not instructed as to any. Upon the verdict being returned the court entered…