LUCAS v. STATE

No. 42121.

444 S.W.2d 638 (1969)

James Ernest LUCAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied September 22, 1969.


Attorney(s) appearing for the Case

Norman Kinne, Dallas, for appellant.

Henry Wade, Dist. Atty., Malcolm Dade, Camille Elliott and James P. Finstrom, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is robbery by assault with a firearm; the punishment, 50 years.

In his sole ground of error appellant contends the trial court erred in failing to strike the testimony of the complaining witness, Charles T. Anderson, relating to his in-court identification of the appellant in view of a lineup conducted in the absence of counsel or the intelligent waiver thereof.

Appellant relies upon United States v. Wade...

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