Vital v. State

OPINION

ODOM, Judge.

Appellant was convicted of robbery by assault; punishment was assessed at 25 years.

Appellant was identified at trial as one of the men who committed the charged robbery at a Houston lounge. Defense witnesses testified that appellant was in Lake Charles, Louisiana, at the time of the offense. After deliberations during which the jury sent out notes requesting the reading of portions of the identification testimony and of the alibi testimony, a verdict of guilty was returned.

In his third ground of error appellant contends the trial court abused the discretion accorded it…