SMITH v. STATE

No. 42495.

450 S.W.2d 618 (1970)

Bennie Lee SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 11, 1970.


Attorney(s) appearing for the Case

William G. Woodford, Houston, for appellant.

Carol S. Vance, Dist. Atty., and Phyllis Bell and Robert C. Bennett, Jr., Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is robbery; the punishment, enhanced under Art. 63, Vernon's Ann.P. C., life.

Able court appointed counsel on appeal sets forth in his brief filed in the trial court four grounds of error.

Ground No. 1 complains that the trial court erred in admitting testimony that a witness had identified appellant at a lineup conducted in the absence of his counsel, thereby unconstitutionally depriving appellant...

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