Wilson v. State

THOMAS, J.:

The appellant was charged with having committed robbery while he was armed with a dangerous weapon and while he entertained the intent to kill or maim his victim if resistance was offered. The crime denominated “robbery by- person armed” is defined in Section 813.01, Florida Statutes, 1941, and F.S.A. The jury found the defendant “guilty of armed robbery as charged”; then added, “But with no intention to kill or maim.”

The trial judge when passing sentence adjudged the defendant guilty of “armed robbery without intent, to kill.” At this juncture the matter came to us on habeas…