DEARY v. STATE

No. 48553.

510 S.W.2d 956 (1974)

Will DEARY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 17, 1974.


Attorney(s) appearing for the Case

Paul W. Jones, Jr., Austin (on appeal only), for appellant.

Robert O. Smith, Dist. Atty., C. E. Clover, Jr., Asst. Dist. Atty., and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

This is an out of time appeal, leave to file being granted by order of this Court on July 9, 1973.1

The appeal is from a conviction of robbery by assault in a trial before a jury held in November 1965. Punishment was assessed at fifteen years.

Appellant's first two grounds of error challenge the validity of the in-court identification by the witness Dickson, contending that such identification...

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