Legal Opinion

Duncan v. State

Court of Criminal Appeals of Texas

Decided April 22, 1970No. 42748PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WOODLEYi Presiding Judge.

The offense is robbery; the punishment, enhanced by a prior conviction for felony theft (Art. 62 P.C.) life.

Two grounds of error are set forth in appellant’s brief.

The first complains that the court committed reversible error in allowing the in-court identification of appellant by the witness Richard Buckel. United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed. 2d 1149; Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178; and Martinez v. State, Tex.Cr.App., 437 S.W.2d 842, are cited.

The indictment alleged the robbery of Richard Buckel.…

2Cases cited3 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  3. Martinez v. StateCourt of Criminal Appeals of Texas · 1969

3Cited by10 opinions

  1. Brown v. StateCourt of Criminal Appeals of Texas · 1994
  2. Iness v. StateCourt of Criminal Appeals of Texas · 1980
  3. Dickson v. StateCourt of Criminal Appeals of Texas · 1973
  4. Jones v. StateCourt of Criminal Appeals of Texas · 1986
  5. Nichols v. StateCourt of Criminal Appeals of Texas · 1973

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