DAVIS v. STATE

No. 45911.

499 S.W.2d 303 (1973)

Zackary E. DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing September 25, 1973.

Rehearing Denied October 17, 1973.


Attorney(s) appearing for the Case

James A. Bannerot, Austin, for appellant.

Robert O. Smith, Dist. Atty., Michael J. McCormick, and Stephen H. Capelle, Asst. Dist. Attys., Jim D. Vollers, State's Atty. and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

This appeal is taken from a robbery by assault conviction where the punishment was assessed at fifty years.

The victim of the alleged robbery was unable to make a positive identification of the appellant as one of his two assailants, and the conviction rests largely upon appellant's extrajudicial confession which he contends was not taken in accordance with Article 38.22, Vernon's Ann.C.C.P.

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