Atkinson v. State

OPINION

DALLY, Commissioner.

Appellant’s convictions in Cause No. 48,-652 and Cause No. 48,653 are for rape; the punishment, imprisonment for twenty-five years in each cause.

Both cases were tried together, and in each one appellant asserts that the trial court committed error in overruling his objection to the in-court identification of appellant by the prosecutrix because there was an impermissibly suggestive photographic display prior to trial.

Prior to the in-court identification the trial court held a hearing concerning the photographic displays in the absence of the jury and determined that…