Smith v. State

Marshall, Judge.

Appellant brings this appeal from his conviction of robbery by intimidation following trial by the court upon waiver of a jury and a sentence of 15 years. Appellant enumerates as error the trial court’s denial of his motion for new trial, as amended, alleging the general grounds and an additional ground of an impermissibly suggestive pre-trial line-up identification which also allegedly tainted an in-court identification. Held:

1. As to the general grounds, the evidence of record established a robbery by intimidation in which the victim’s purse, containing cash and credit…