Autry v. State

OPINION

DORSEY, Justice.

This is an appeal from a conviction for the aggravated sexual assault in which C_A_was the victim. The jury assessed punishment at 22 years in the Texas Department of Corrections and a $5,000.00 fine. Two grounds of error are raised: (1) that the pre-trial photographic identification procedure was impermissibly suggestive, and (2) that the trial judge abused his discretion in failing to grant a new trial based on newly discovered evidence. The identification of the appellant as the assailant is the thrust of both grounds of error. A detailed recitation of the evidence…