Lucas v. State

OPINION

ONION, Judge.

The offense is robbery by assault with a firearm; the punishment, SO years.

In his sole ground of error appellant contends the trial court erred in failing to strike the testimony of the complaining witness, Charles T. Anderson, relating to his in-court identification of the appellant in view of a lineup conducted in the absence of counsel or the intelligent waiver thereof.

Appellant relies upon United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, and Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178, since the lineup in question occurred on…