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BARBER v. STATE

No. 44718.

477 S.W.2d 868 (1972)

Carl Wayne BARBER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 22, 1972.

Attorney(s) appearing for the Case

Kenneth Pounds, Hurst (Court appointed on appeal), for appellant.

Frank Coffey, Dist. Atty., T. J. Haire, Michael R. Thomas and John Garrett Hill, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction of robbery by assault with a firearm. After the verdict of guilty, the State not having sought the death penalty, the court assessed the punishment at 50 years.1

Appellant's sole contention is that he was tried in jail clothes which infringed a fundamental right—the presumption of innocence. Reliance is had upon Hernandez v. Beto,

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