Martinez v. State

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, assessed by the court after a jury verdict of guilty, 20 years confinement in the Texas Department of Corrections.

This appeal presents the question of the admissibility of an in-court identification following a police lineup identification where the accused was without the benefit of counsel.

The State’s evidence reflects that on January 20, 1968, Zelma Voorhes, 59 years of age, lived alone in the City of Harlin-gen. At approximately 7 p. m. that day she arrived home from work as a saleslady in a local variety store.…