Ellard v. State

Undercofler, Presiding Justice.

Robert M. Ellard and James E. Whittier were convicted of rape and aggravated sodomy and sentenced to serve two consecutive life sentences. They appeal to this court. Held:

1. The appellants contend that the trial court erred in admitting testimony over objection of a police lineup, because the testimony was of no probative value, served to distract the jury from the true issue at trial, served to interject a false issue, and caused belief that the appellants had denied their identities.

There is no merit in these contentions.

The defendants admitted their identity…