Johnson v. State

OPINION

MORRISON, Judge.

The offense is burglary; the punishment, two (2) years.

Appellant’s first ground of error arises out of an ingenious contention. He asserts “the trial court reversibly erred in not granting the appellant’s motion, filed prior to trial, to require the state to furnish persons to appear in a multi-person show up at the time of any in-court identification by state’s witnesses.”

When being questioned from our bench during argument, counsel was asked where this group of persons might be found. He answered that in Dallas County there were always a number of prisoners that could…