Arney v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for conspiring to commit aggravated robbery. Punishment was assessed by the jury at imprisonment for fifteen years.

*838Appellant contends that the evidence is insufficient to sustain the conviction, the indictment is defective, the trial court erroneously refused to instruct the jury on the defense of alibi and the law of circumstantial evidence, and the trial court erred in denying appellant’s request for a recess of the hearing on his amended motion for new trial.

The complainant Jennings Whitter was beaten, shot, and robbed early on the…