Leonard v. State

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, fifty (50) years. Appellant was indicted for robbery . by using and exhibiting a firearm . . ."

On the date of the trial the State filed a written motion to dismiss the firearms portion of the indictment. There is no notation on the motion or the docket sheet to indicate whether, it was granted. However, the record reflects that the court charged the jury, without objection, on “robbery by assault” and in his judgment recited:

“[t]he defendant having been indicted in the above entitled and numbered cause for the felony…