Johnson v. State

OPINION

ONION, Presiding Judge.

The appeal stems from a conviction for robbery by assault wherein the punishment was assessed at 35 years.

The record reflects that Esther Close, Assistant Manager of a Cabell’s Seven-Eleven Store, was robbed at gunpoint by the appellant of approximately $305.00 about 8:15 p. m. on September 17, 1971 in the City of Kilgore while she was alone in the store.

At the outset, appellant contends the court erred in permitting the complaining witness to make an in-court identification of him because the identification procedures employed “were irregular and so suggestive…