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STATE v. BERTHA

No. 6926SC106.

167 S.E.2d 33 (1969)

4 N.C. App. 422

STATE of North Carolina v. Ronnie BERTHA and William Ray Acker.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Andrew A. Vanore, Jr., Raleigh, for the State.

Mercer J. Blankenship, Jr., Charlotte, for defendant appellant.

BRITT, Judge.

The first question presented by this appeal is whether the identification of the appellant in the absence of his counsel and without a formal lineup violated his constitutional rights.

The confrontation in this case occurred after 12 June 1967, the effective date of United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149; Gilbert v. California, 388 U.S. 263, 87 S.Ct....

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