Whithurst v. State

OPINION

JUNELL, Justice.

Appellant pled not guilty to the offense of burglary of a habitation and then entered into a written stipulation of evidence *111upon which the court entered its finding of guilt and assessed punishment at 8 years in the Texas Department of Corrections. On appeal he attacks (1) the trial court’s denial of a motion to suppress in-court identification by a crucial state witness and (2) the sufficiency of evidence to show entry with intent to commit theft.

In his first ground of error appellant submits a two-pronged argument urging that the in-court identification should have…