State v. Atkins

STEWART, Judge.

Scott Atkins was convicted by a jury of murder in the second degree. Punishment was assessed by the court at forty years imprisonment because the jury was unable to agree upon the punishment. On this appeal we affirm the judgment of the trial court.

Defendant urges that it was error on the part of the trial court to (1) overrule his objection to the testimony of Detective DeVere to the effect that witness Earl Scott had viewed a line-up which included defendant, and (2) in admitting the laboratory report of the police department into evidence.

The sufficiency of the evidence to…