Boyers v. State

Jenkins, Presiding Justice.

1. The evidence authorized the verdict. The victim, irrespective of the testimony as to his extrajudicial identification of the defendant as his assailant, testified positively as to his identity at the trial, and there was testimony from other sources, as set forth in the statement of facts, 'which tended to corroborate the positive testimony of the victim identifying the defendant as his assailant.

2. The movant contends that the court erred in failing, on its own motion, to instruct the jury that, should the defendant be convicted, they might recommend that he be…