Pierce v. Commonwealth

The defendants, Ruben Pierce and Hubert Earl Hoffler, were indicted separately for robbery in taking an ignition key to a truck from Joseph Jordan by putting him in fear by means of a loaded pistol. Code § 18.1-91. Each waived a jury and at their request and by agreement they were tried together by the court. After hearing the evidence the court found each guilty of robbery and fixed his punishment at five years in the penitentiary and each was sentenced accordingly.

Each defendant was granted a writ of error and they are here on a joint brief in which they contend that the judgments were…