Lefors v. State

CHRISTIAN, Judge.

The offense is robbery; the punishment, confinement in the penitentiary for five years.

The proof on the part of the State was to the effect that on the night of the 27th of October, 1934, appellant and two others robbed W. D. Daugherty. Mr. Daugherty and others positively identified appellant. Appellant did not testify, but introduced witnesses whose testimony raised the issue of alibi.

Bills of exception 1 to 3, both inclusive, complain of the action of the trial court in refusing to have the panel retired from the courtroom during the examination of the jurors. It was…