RODGERS v. STATE

No. 44051.

468 S.W.2d 852 (1971)

Joe Herman RODGERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 14, 1971.


Attorney(s) appearing for the Case

Anderson & Atwood, by John B. Atwood, III, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., Edgar A. Mason, Robert T. Baskett and Jim Moss, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is robbery; the punishment, ninety-nine (99) years.

Only two grounds of error are presented.

By his first, if properly before us, appellant complains of argument of the prosecutor wherein he said that since the three identifying witnesses and the appellant were all "persons of the colored race" that such witnesses could identify the appellant more easily than could a witness of "the white or some other...

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