Rushing v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for robbery. Punishment, enhanced under the provisions of V.T.C.A. Penal Code, Sec. 12.-42(b), was assessed at twenty-five years.

At the outset, appellant contends, “The trial court committed fundamental error in not excluding the in-court identification testimony of the witness, Roger Melton, as said testimony was tainted by the imper-missibly suggestive trial confrontation so as to give rise to a very substantial likelihood of irreparable misidentification.”

Roger Melton made an in-court identification of appellant as the person who…