Baker v. Commonwealth

MONTGOMERY, Judge.

John Edgar Baker, by indictment, was charged with commission of the offense of assault with, intent to rob. Upon conviction, his punishment was fixed at twenty-one years’ confinement in the penitentiary. He urges as grounds for reversal of his conviction that: (1) The trial court erred in refusing to grant a continuance; (2) competent testimony was excluded; (3) the jury was improperly instructed; and (4) the evidence was insufficient to sustain the conviction.

The offense was alleged to have been committed about midnight of April 13, 1956. Appellant, a juvenile, upon hearing…