OPINION
DOUGLAS, Judge.
This is an appeal from a conviction for robbery by assault. The appellant, a Negro male, made an application for probation and pled guilty before a jury. After evidence was heard, the jury was instructed to find him guilty and to assess punishment at life or any term of years not less than five. They were further instructed on the law pertaining to probation. The jury assessed punishment at five years and did not recommend probation...
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