Wortham v. State

Conviction is for robbery by firearms; punishment is confinement in the State Penitentiary for five years.

The testimony offered by the State, briefly stated, shows that on the night of October 18, 1936, three men held up and robbed W. A. Shrode, an employee of the Kemp Petroleum Company. They took $7 in money from his person and about 160 gallons of gasoline from his truck. Appellant was positively identified as one of the parties who robbed him. Appellant did not testify; his defense was that of an alibi.

By bill of exception number one, appellant complains of the court's refusal to permit…