Charles Robert Spencer v. State Texas

Sam J. Roberts, a special agent of the Bureau of Narcotics and Dangerous Drugs, testified outside the presence of the jury, in a hearing to determine the admissibility of his in-court identification of appellant, that on July 3, 1968, he met the appellant, who identified himself to Roberts by the name of "Chuck." He further testified that on that date he purchased marihuana from the appellant and that since that date he had seen the appellant in the Dallas County Jail in a one to one confrontation with no attorney present, but that his identification was based solely on having seen the appellant on July 3, 1968, and that he would still be able to identify the appellant had he not seen him in the Dallas County Jail. The sale was made in Lee Park in Dallas. At that time, he described the appellant as having a moustache, a goatee, and long hair which was not long enough to hang down on his shoulders. He saw the appellant in the jail on two different nights in July of 1969. On one of those visits, the appellant signed a waiver of constitutional rights, and Roberts tried to persuade him to become an informer.