Wills v. State

MARTIN, Judge.

Offense, robbery by assault; penalty, five years in the penitentiary.

Prosecuting witness was robbed at the point of a pistol of about $80.00 in money in the City of Houston by a man whom he identified as appellant.

Appellant presents the point that the trial court erred in overruling his second application for continuance on account of the absence of two witnesses by whom he alleges he could prove in substance that prosecuting witness had stated to them that he was not certain in his own mind that it was appellant that held a gun on him and took the money. The bill is qualified…