Lindsey v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of robbery by assault. The jury assessed the punishment at ten years.

In his initial ground of error, appellant contends that the trial court abused its discretion in overruling his first motion for continuance. He argues that said motion was requested because a material alibi witness, Nathaniel Lee, Jr., who was subpoenaed and served in person on April 5, 1971 to appear in court on April 13, 1971, did not appear. When the case was called for trial, counsel for the appellant announced ready. Had he wanted to present the *81m…