Zilinmon v. State

Nichols, Chief Justice.

The defendant was convicted on all five counts of an indictment charging rape, burglary, robbery, aggravated assault with intent to murder and terroristic threat. His motion for new trial was overruled and the present appeal filed.

1. Enumerations of error 1 through 7 complain of the photographic and pre-trial lineup identification procedures and the courtroom identification by three witnesses. A hearing was held out of the presence of the jury as to the photographic identification and lineup procedure. Thereafter, the evidence was admitted over objection. The victim…