McColston v. State

Prom a judgment .of conviction -for robbery, and a sentence of 10 years’ imprisonment in the penitentiary, defendant appealed.

The controlling question here presented is that of the identity of this appellant, as be- - ing one of the three men, who perpetrated the crime complained of in the indictment. Upon this question ihe state introduced three witnesses whose testimony, upon this trial, tended to identify this appellant in this connection. It may be, as contended by defendant, that the testimony given by the state witnesses' upon this trial conflicts in some material respects with the…