GONZALES v. STATE

No. 47253.

501 S.W.2d 644 (1973)

Edward E. GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 28, 1973.


Attorney(s) appearing for the Case

Charles D. Butts of Butts & Butts, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles E. Campion, Charles Roberts and David K. Chapman, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

BROWN, Commissioner.

The offense is rape; the punishment, assessed by the jury, ninety-nine (99) years.

Appellant's primary ground of error presents the question of the admissibility of an in-court identification following a police lineup identification where he was without the benefit of counsel.

There is no challenge to the sufficiency of the evidence. The complaining witness and her escort, both students, testified that they had...

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