Burgin v. State

Plaintiff in error and the defendant in error will hereinafter be referred to as the defendant and the State, respectively. Defendant was convicted of armed robbery and sentenced to 60 years imprisonment by the Criminal Court of Knox County, Tennessee. Indictment was had on February 3, 1960, in two counts (1) for simple robbery, and (2) for robbery accomplished by the use of a deadly weapon. The indictment charged that such robbery was perpetrated against one Robert Harrell, an employee of Direct Oil Company. The pertinent statute, contained in T.C.A. sec. 39-3901, is as follows:

“39-3901.…