No. 6910SC170.

167 S.E.2d 28 (1969)

4 N.C. App. 397

STATE of North Carolina v. Robert GRIFFIN, Jr.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan and Asst. Atty. Gen. Bernard A. Harrell, for the State.

Howard F. Twiggs, Raleigh, for defendant appellant.


The defendant's first contention is that his rights under the Fifth and Sixth Amendments to the Constitution of the United States, as made applicable to the states, by the Fourteenth Amendment, were violated when he was identified by Styers in a lineup as one of the two men who committed the crimes charged. He relies upon the recent cases of the United States Supreme Court which have held that:


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