LINDSEY v. STATE

No. 45435.

488 S.W.2d 80 (1972)

Claude Lee LINDSEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 20, 1972.


Attorney(s) appearing for the Case

George T. Ellis, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Alvin A. Horne, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of robbery by assault. The jury assessed the punishment at ten years.

In his initial ground of error, appellant contends that the trial court abused its discretion in overruling his first motion for continuance. He argues that said motion was requested because a material alibi witness, Nathaniel Lee, Jr., who was subpoenaed and served in person on April 5, 1971 to appear...

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