SMITH v. STATE

No. 49695.

520 S.W.2d 383 (1975)

Andrew SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 26, 1975.


Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Court appointed on appeal only, Dallas, for appellant.

Henry Wade, Dist. Atty., Steve Wilensky, Robert E. Whaley, John D. Ovard and Fred Davis, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for assault with intent to commit murder with malice. After the jury returned a verdict of guilty, punishment was assessed by the court at ten years.

Appellant contends the court erred in admitting testimony of officers Huffman and Crowder that the identification by the injured party was a positive identification in that such testimony improperly bolstered the in-court identification...

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