WOODLEY, Judge.
Relator, an inmate of the penitentiary, was charged by indictment with the capital felony of robbery with firearms.
The district attorney's oral motion to dismiss the capital feature and prosecute for ordinary robbery was granted and relator waived a jury and pleaded guilty and the court assessed his punishment at eight years in the penitentiary.
The order dismissing the capital offense failed to reach the minutes of the court, and...
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