Johns v. State

The appellant was indicted, tried, and convicted of robbery, and sentenced to serve a term of five years in the penitentiary.

There were two indictments returned against this appellant for robbery, one for robbing Tate Gabbert, and the second for robbing Thomas Johnson. He was first tried and acquitted of the crime of robbing Tate Gabbert, and the following week was tried and convicted of robbing Thomas Johnson. This appeal is from the Johnson conviction. To the indictment in this case the defendant filed a plea of autrefois acquit. A demurrer was sustained to this plea.

The testimony in both…