Sweeney v. State

BERRY, Judge.

The offense is robbery and the punishment is five years in the penitentiary.

In the same count in the indictment the appellant was charged with robbery by assault and with the use of firearms. When the case was called for trial the State announced and the court noted on his docket that the appellant would only be prosecuted for robbery by assault and that that portion of the charges referring to fire arms would be abandoned. This practice is permissible. Gonzales v. State, 88 Tex. Crim. Rep. 250; Crouch v. State, 87 Tex. Crim. Rep. 115; Weaver v. State, 53 Tex. Crim. Rep. 12;…