OPINION
BURNETT, Chief Justice.
The parties will hereinafter be referred to as the defendant and the State, as they appeared on the trial court.
The defendant was tried in the Shelby County Criminal Court for the crime of robbery, was convicted and punishment fixed at five years' imprisonment.
Defendant's motion for a new trial was overruled and an appeal has been perfected to this Court, in which the assignments of error are:
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