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HOUSTON v. STATE

No. 47513.

503 S.W.2d 540 (1974)

Donald Richard HOUSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 16, 1974.

Attorney(s) appearing for the Case

Phil Burleson and James A. Mills, Jr. (Court appointed), Dallas, for appellant.

Henry Wade, Dist. Atty., John E. Rapier, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

CHADICK, Commissioner.

Donald Richard Houston was indicted for robbery by assault in Dallas County. He entered a not guilty plea but was found guilty and his punishment assessed at 20 years' confinement by a jury.

A shotgun was exhibited to a prosecution witness and he was asked to identify it. He answered that "It looks like the gun that was used to rob me." Later he was asked if the gun exhibited was the weapon he saw on the occasion of...

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