Gonzales v. State

OPINION

BROWN, Commissioner.

The offense is rape; the punishment, assessed by the jury, ninety-nine (99) years.

Appellant’s primary ground of error presents the question of the admissibility of an in-court identification following a police lineup identification where he was without the benefit of counsel.

There is no challenge to the sufficiency of the evidence. The complaining witness and her escort, both students, testified that they had gone to a dance on the Our Lady of the Lake College campus. Following the dance, at approximately 12:30 a. m., August 30, 1970, the couple was sitting and…