Fulton v. Commonwealth

SIMS, Judge.

Appellants, Johnny Fulton and Abe Duff, were jointly indicted and tried together for the armed robbery of Marshall Blackburn. They were convicted of robbery and the’ punishment of each was fixed at *90confinement, in the penitentiary for ten years. In seeking to reverse the judgment they urge the court erred: 1. In overruling their motion for a continuance; 2. in asking opposing counsel in the presence of the jury if they had any objection to the jury separating during the noon recess; 3. in admonishing the jury that the statement setting out the testimony of ah absent witness could…