TAYLOR v. STATE

No. 44064.

474 S.W.2d 207 (1971)

Leonard Glenn TAYLOR, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 11, 1972.


Attorney(s) appearing for the Case

Robert Bruce Evans, Abilene, for appellant.

Ed Paynter, Dist. Atty., Lynn Ingalsbe, Asst. Dist. Atty., Abilene, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for robbery by firearms. After a verdict of guilty the punishment was assessed by the court at 25 years.

At the outset we are confronted with appellant's contention that the trial judge fundamentally erred in failing to declare a mistrial on his own motion because the in-court identification was so conducive to irreparable mistaken identification that he was denied due process when...

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