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McNEAL v. STATE

No. 46228.

499 S.W.2d 173 (1973)

Eddie Lewis McNEAL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 6, 1973.

Attorney(s) appearing for the Case

W. John Allison, Jr. (on appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty., and James B. Scott, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Hutash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for robbery; the punishment, fifty years imprisonment.

Complaint is made of the court's refusal to suppress the witness Mary Moore's in-court identification of the appellant. He contends her identification of him was tainted by viewing photographic exhibits prior to trial.

At the trial Mrs. Moore identified the appellant as the man who came into the Holiday Cleaners where she was employed and...

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