Abeyta v. People

Opinion by

Mr. Justice Frantz.

By writ of error Abeyta seeks reversal of the judgment and conviction against him entered upon a verdict of guilty of a charge of assault in an attempt to commit robbery. As fulcra by which to effect a reversal, he urges two points, neither of which was presented to the trial court in the course of the trial. They were raised for the first time in the motion for new trial, which motion was denied.

It is said that error was committed (1) in giving Instruction Number 13 concerning circumstantial evidence, and (2) in failing to give to the jury a definition of…