OPINION
JACK SMITH, Justice.
A jury found appellant guilty of murder and assessed his punishment at 40 years confinement.
In his first point of error the appellant contends that the trial court erred in allowing a State's witness to give identification testimony because of an impermissibly suggestive photographic spread.
The two-part test to be used when challenging a pre-trial identification proceeding is set forth in Simmons v. United...
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