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AUTRY v. STATE

No. 13-86-046-CR.

718 S.W.2d 898 (1986)

Arthur Roy AUTRY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied November 13, 1986.

Attorney(s) appearing for the Case

John Peterson, Beeville, for appellant.

C.F. Moore, Dist. Atty., Beeville, for appellee.

Before DORSEY, UTTER and BENAVIDES, JJ.

OPINION

DORSEY, Justice.

This is an appeal from a conviction for the aggravated sexual assault in which C____ A____ was the victim. The jury assessed punishment at 22 years in the Texas Department of Corrections and a $5,000.00 fine. Two grounds of error are raised: (1) that the pre-trial photographic identification procedure was impermissibly suggestive, and (2) that the trial judge abused his discretion in failing to grant a new trial based on newly discovered...

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