Johnson v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of robbery with firearms. The jury was qualified on the death penalty; punishment was assessed at 99 years.

The first ground of error is appellant’s contention that his in-court identification was tainted by pretrial viewing of pictures by witness Mary Berdine.

The record reflects that at approximately 2:30 P.M. on August 29, 1967, the Market Liquor Store in Dallas was robbed by two men. The owner, Vance R. Fuller, was shot, stabbed five times, hit over the head with bottles, one finger was broken, and he was then tied up. The…