Davis v. State

OPINION

ROBERTS, Judge.

This is an out-of-time appeal of a 1962 conviction for robbery by assault. Sentence was assessed at 15 years’ imprisonment by the jury. The conviction was previously affirmed by this Court in Davis v. State, 172 Tex.Cr.R. 654, 362 S.W.2d 330 (1962). This appeal is had as a result of our order entered after a habeas corpus hearing in the trial court held in 1972.

Appellant’s first ground of error urges that there was a likelihood of irreparable misidentification at his trial because he had been subjected to an improper pre-trial lineup.

The statement of facts reveals that…