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GIDDINGS v. STATE

No. 41987.

438 S.W.2d 805 (1969)

Jerry Lynn GIDDINGS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 26, 1969.

Attorney(s) appearing for the Case

Paul W. Wisdom, Jr., Dallas (Court Appointed on Appeal Only), for appellant.

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

OPINION

MORRISON, Judge.

The offense is rape; the punishment, life.

We are met at the outset with the question of whether the lineup identification of appellant by the prosecutrix tainted her in-court identification of him as the guilty party under the rules set forth by the Supreme Court of the United States in Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199, and by this Court in Graham v. State,

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