Ellingsworth v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for robbery with firearms. Punishment was assessed by the jury at ninety-nine years.

At the outset, appellant contends that the court erred in overruling his motion to suppress the in-court identification of appellant by the Witness York.

Appellant urges that the court should have excluded the in-court identification of York in that York identified appellant and the co-defendant when they were in handcuffs at the police department, with the only other persons present in the room being police officers.

George York testified that while…