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Newell v. State

Court of Criminal Appeals of Texas
Dec 16, 1970
460 S.W.2d 929 (Tex. Crim. App. 1970)

Opinion

No. 43345.

December 16, 1970.

Appeal from 180th Judicial District Court, Harris County; Fred M. Hooey, Judge.

Sam R. Wilson, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and William O. Olsen, Jr., Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION


This is an appeal from a conviction for robbery by assault. The punishment was assessed by the jury at thirty years.

The record reflects that appellant, armed with a pistol, robbed the assistant manager of a U-Tote'm Store in Houston. The sufficiency of the evidence is not challenged.

In his brief, appellant's counsel states that there was no evidence that the pre-trial identification was inherently unfair. He also states that appellant's contention that there must be proof that fingerprints are a reliable means of identification is without merit.

He also admits that his third ground of error is without merit unless the Supreme Court of the United States holds that the jury must have more guidelines in assessing punishment in cases where the death penalty is in issue.

The brief recites that a copy of the brief had been sent to appellant and that appellant had been informed of his right to file a brief in his own behalf.

We agree with appellant's counsel that this is a frivolous appeal. See Bates v. State, Tex.Cr.App., 456 S.W.2d 107.

The judgment is affirmed.


Summaries of

Newell v. State

Court of Criminal Appeals of Texas
Dec 16, 1970
460 S.W.2d 929 (Tex. Crim. App. 1970)
Case details for

Newell v. State

Case Details

Full title:Hampton M. NEWELL, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Dec 16, 1970

Citations

460 S.W.2d 929 (Tex. Crim. App. 1970)