Jones v. State

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, ninety-nine (99) years.

Appellant’s two grounds of error grow out of his motion for change of venue.

Initially, he contends the State failed to file a controverting affidavit in answer to his motion for change of venue. Reliance is had upon Wall v. State, Tex.Cr.App., 417 S.W.2d 59. We call attention, however, to the fact that the State did file its controverting affidavit before the Court ruled on the appellant’s motion. For this reason the rule relied upon in Wall, supra, has no application.

The following evidence was…