DICE, Commissioner.
Appellant was convicted upon his plea of guilty and waiver of a trial by jury of the offense of robbery by assault, as charged in the second count of the indictment, the first count charging robbery by firearms having been abandoned by the state, and his punishment assessed at confinement in the penitentiary for five years.
At the trial it was stipulated and agreed by and between the state and appellant what the testimony of certain witnesses...
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