CANTU v. STATE

No. 69530.

738 S.W.2d 249 (1987)

Ruben CANTU, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 4, 1987.


Attorney(s) appearing for the Case

Andrew W. Carruthers, San Antonio, for appellant.

Sam D. Millsap, Jr., Dist. Atty., and Bruce Baxter, Bill Harris and Barbara Hervey, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.


OPINION

W.C. DAVIS, Judge.

A jury convicted appellant of capital murder and answered the punishment issues affirmatively. In accordance therewith, the court sentenced appellant to death. See Art. 37.071, V.A.C.C.P. Appellant raises six grounds of error, two of which deal with the identification of appellant by a prosecution witness. We turn to these grounds first.

Appellant contends that the out-of-court identification made by Juan Moreno was the...

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