Shuler v. State

LATTIMORE, Judge.

— Conviction for robbery; punishment, twelve years in the penitentiary.

It was charged in the indictment that appellant and another robbed Mr. Hamilton on the night of the 29th of February, 1936. Appellant was positively' identified by three witnesses as being the man who committed the robbery.

Appellant made a motion for a continuance based on the absence of his mother, living, — according to the averments in the application, — in Luling, Texas, not many miles away from the scene of the alleged robbery. Appellant set up in the application that he expected to prove by his…