Smith v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for assault with intent .to commit murder with malice. After the jury returned a verdict of guilty, punishment was assessed by the court at ten years.

Appellant contends the court erred in admitting testimony of officers Huffman and Crowder that the identification by the injured party was a positive identification in that such testimony improperly bolstered the in-court identification by the injured party, and that the questions eliciting the testimony called for a conclusion and speculation on the part of the witnesses.

On November…