Smith v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a robbery conviction where the punishment was assessed at 60 years by the court following a guilty verdict.

The sufficiency of the evidence is not challenged.

At the outset appellant does contend the court erred in permitting his in-court identification by the complaining witness Mildred Seabourn, a checker in the store where the robbery occurred, and by Mary Ann Jordan, wife of the store owner who was also employed there at the time of the alleged offense. It is his contention that their in-court identification was tainted by an “overly…