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AVERY v. STATE

No. 61039.

632 S.W.2d 610 (1982)

Arthur Ray AVERY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

May 19, 1982.

Attorney(s) appearing for the Case

Michael H. Rodgers, Dallas, for appellant.

Henry Wade, Dist. Atty. & J. T. Langford, Stewart Robinson & Reed Prospere, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, CLINTON and McCORMICK, JJ.

OPINION

CLINTON, Judge.

In this appeal from a judgment of conviction for aggravated robbery the controlling question is whether "any rational trier of fact"1 could have found the only disputed element of the offense—identity of the appellant as its perpetrator—beyond a reasonable doubt, given the unusual circumstances surrounding the initial identification of appellant by the victim of the robbery, but viewing...

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