Winn v. State

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, enhanced under Art. 62, Vernon’s Ann.P.C., life.

Appellant raises four grounds of error.

In grounds of error one and two appellant complains of the pre-trial identification of appellant by the injured party.

The record reflects that on February 26, 1973, Resalda Pena, a telephone operator for Southwestern Bell in Abilene, got off work at 9:30 and proceeded to her car. As she approached her car she observed a man, whom she subsequently identified as appellant, running down the street toward her. As the man ran past her, he…