Kelly v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction before a jury for the offense of robbery by assault. The court assessed the punishment at thirty-five years.

The sufficiency of the evidence is not challenged.

Eyewitnesses identified the appellant as the armed robber of Helen S. Jew, an employee of the Asia Food Market in Houston.

The sole complaint is that the court erred in overruling his motion for continuance based on the absence of witnesses. The motion for continuance was filed on March 27, 1969, the date set for trial. This does not show the diligence required to support the…