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RICHARDSON v. STATE

No. 42898.

458 S.W.2d 665 (1970)

James D. RICHARDSON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 20, 1970.

Attorney(s) appearing for the Case

Dalton Gandy, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Truman Power, Ronald W. Quillin, George McManus and Roger W. Crampton, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is rape; the punishment, 25 years.

Appellant's first ground of error relates to the motion to suppress the in court identification of the prosecutrix because of a prior lineup identification (United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149).

Appellant did not testify at the hearing on guilt, but did testify...

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