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CLEVELAND v. STATE

No. 48351.

508 S.W.2d 829 (1974)

Charles Earl CLEVELAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 8, 1974.

Attorney(s) appearing for the Case

Frank D. Coffey, Fort Worth, for appellant.

Tim Curry, Dist. Atty., Bill Mills, Robert A. Sewell, Tom E. Hill, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for robbery by firearms; the punishment, imprisonment for eight years.

The manager of the Perkmore Grocery Store testified that he was robbed by armed men but he was unable to make a positive identification of the appellant as one of the robbers because their faces were masked. The only witness who positively identified the appellant as one of the armed robbers was Jewell O. Harris.

In his first...

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