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SERTUCHE v. STATE

No. 42824.

453 S.W.2d 841 (1970)

Roberto S. SERTUCHE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 2, 1970.

Attorney(s) appearing for the Case

Albert Armendariz, El Paso, for appellant.

Jamie C. Boyd, Dist. Atty., and Wanda E. Creamer, Asst. Dist. Atty., El Paso, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery; the punishment, five (5) years.

The sole question presented for review is the propriety of the in-court identification of appellant. There was only one witness to the robbery. She described the robber to the officers who arrived moments later. The next day the officers brought her a group of five pictures. The injured party did not identify any of the five stating that they were all too dark complexioned...

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