Fredericksen v. State

DAVIDSON, Judge.

The trial court submitted only robbery by assault, under an indictment which charged the capital felony of robbery by assault while exhibiting a pistol. Punishment was assessed at ten years’ confinement in the penitentiary.

The injured party identified appellant as one of two persons who robbed him. An accomplice corroborated the injured party. Appellant denied the robbery and testified to an alibi, in which he was supported by other witnesses.

The facts support the jury’s conclusion of guilt.

Appellant complains of the overruling of his first motion for a continuance because of…