State v. Tate

OPINION

SCOTT, Judge.

The appellant was convicted of assault with intent to commit rape and received a sentence of not less than two nor more than four years in the state penitentiary. In this appeal he has presented four issues, all of which challenge the identification procedure, a one on one show up. The state counters his arguments with the contention that he cannot be heard to complain since the appellant himself sought the confrontation. We agree with the state.

On Saturday, November 3, 1979, the sixteen year old victim was at home alone in rural McNairy County. She was sweeping the floors…