Butler v. State

Deen, Presiding Judge.

Frederick C. Butler was granted an out-of-time appeal in his two convictions of rape and aggravated oral sodomy, which were tried separately.

1. Appellant alleges that during the trial for the rape and sodomy of the first victim, the court erred in permitting an in-court identification by the victim to be admitted into evidence. The basis for this enumeration is testimony presented at trial that showed that a single photograph of appellant was shown to the victim prior to his arrest. No objection to this testimony was raised below. She testified that he threw a small rug…