Viley v. State

ON REHEARING.

October 18, 1922.

HAWKINS, Judge.

— Article 1327, Vernon’s Penal Code reads as follows:

“If any person by assault or violence or by putting in fear of life or bodily injury shall fraudulently take from the person or possession of another any property with intent to appropriate the same to his own use, he shall be punished by confinement in the penitentiary for life or for a term of not less than five years; and, when a firearm or other deadly weapon is used or exhibited in the commission of the offense, the punishment shall be death, or by confinement in the penitentiary for any…