Spiller v. State

DAVIDSON, Presiding Judge.

— Appellant was convicted of robbery, his punishment being assessed at five years confinement in the penitentiary.

The record fails to disclose that any bills of exception were reserved. There are only two grounds relied upon, and they are both found in the motion for new trial, the first of which complains that the court erred in failing to charge on aggravated assault and battery, and the second, the want of sufficient evidence to justify the verdict of the jury. The evidence for the Staje, in brief, is that Juran testified he was in front of Mellinger’s house…