Humphreys v. State

MORROW, Presiding Judge.

The conviction is for robbery with firearms; penalty assessed at confinement in the penitentiary for ten years.

Appellant entered a plea of guilty. However, before entering the plea, he agreed with the District Attorney upon a penalty of ten years’ confinement in the penitentiary. After hearing the evidence and the charge of the court, the jury returned a verdict of guilty and assessed the penalty at confinement in the penitentiary for seven years. The court declined to receive the verdict of seven years and instructed the jury to retire and bring in a verdict of…