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CHAMBERLAIN v. STATE

No. 42500.

453 S.W.2d 490 (1970)

Russell Everett CHAMBERLAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 27, 1970.

Attorney(s) appearing for the Case

Grady Hight, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Rufus J. Adcock, Ronald W. Quillin and Truman Power, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

The conviction is for robbery by assault; the punishment, sixty years.

The sufficiency of the evidence is not challenged.

Appellant contends in the first ground of error that the trial court erred in refusing to postpone the trial, because Charles E. Hardin, a co-indictee, had escaped and had been shot and returned to custody and this had caused publicity. In the alternative he asked the court to instruct the prosecution...

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