Roney v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for capital murder in the course of robbery. *600V.T.C.A., Penal Code See. 19.03(a)(2). The jury having returned affirmative answers to the issues submitted at the punishment stage under Art. 37.071(b), V.A.C.C.P., punishment is death.

In his first ground of error appellant contends it was error to allow a police witness to bolster the identification testimony of Man Thi Tran, the surviving robbery victim present at the murder. He relies on Lyons v. State, 388 S.W.2d 950. The State argues the bolstering testimony was admissible because…