Barber v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction of robbery by assault with a firearm. After the verdict of guilty, the State not having sought the death penalty, the court assessed the punishment at SO years. 1

' Appellant’s sole contention is that he was tried in jail clothes which infringed a fundamental right — the presumption of innocence. Reliance is had upon Hernandez v. Beto, 443 F.2d 634 (5th Cir. 1971) and Ephraim v. State, 471 S.W.2d 798 (Tex.Cr.App.1971).

The record reflects that the appellant was present during the voir dire examination of the jury panel at which…