Lacey v. State

OPINION

GONZALEZ, Justice.

This is an appeal from a conviction by a jury for aggravated robbery. Appellant contends that the court committed error in failing to quash the indictment because the indictment is fundamentally defective and failing to suppress the out of court identification alleging that the photographic spread was impermissibly suggestive. We affirm.

On September 26,1977, appellant and two other men went to the house of Alicia Reyes. Mrs. Reyes opened the door and inquired what they wanted. Appellant showed her an identification badge and said that they were officers looking for…