Richardson v. State

OPINION

MORRISON, Judge.

The offense is rape; the punishment, 25 years.

Appellant’s first ground of error relates to the motion to suppress the in court identification of the prosecutrix because of a prior lineup identification (United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149).

Appellant did not testify at the hearing on guilt, but did testify before the jury at the hearing on punishment. He admitted that the jury was correct in finding him guilty, and asked them to grant him probation.

We recently expressed our views on a kindred question in Brumfield v. State, Tex.Cr.App.,…