ELLINGSWORTH v. STATE

No. 45289.

487 S.W.2d 108 (1972)

John Delbert ELLINGSWORTH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 22, 1972.


Attorney(s) appearing for the Case

Johnny M. Chirafis, Dawson & Dawson by Jack K. Smith, Corsicana, for appellant.

Jimmy Morris, Dist. Atty., Corsicana, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for robbery with firearms. Punishment was assessed by the jury at ninety-nine years.

At the outset, appellant contends that the court erred in overruling his motion to suppress the in-court identification of appellant by the Witness York.

Appellant urges that the court should have excluded the in-court identification of York in that York identified appellant and the co-defendant...

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