Dickey v. State

DICE, Judge.

The conviction is for robbery by assault with punishment assessed under Art. 62, V.A.P.C. at life imprisonment by reason of a prior alleged conviction for an offense of like character.

The indictment alleged that on or about the 25th day of April, 1959, the appellant committed the primary offense and that prior to the commission of said offense the appellant was on the 15th day of November, 1957, convicted in the Criminal District Court No. 3 of Harris County, Texas, of an offense of like character “to-wit, the offense of theft, a felony.”

The prosecuting witness, Millie Steel,…