ASBER v. STATE


253 A.2d 204 (1969)

John J. ASBER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

April 8, 1969.


Attorney(s) appearing for the Case

Wilfred J. Smith, Jr., Wilmington, for defendant below, appellant.

Jay H. Conner, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.


HERRMANN, Justice.

In this appeal from a conviction of robbery, the defendant contends that the manner of his confrontation and identification by the prosecuting witness constituted a denial of due process.

The State adduced evidence establishing the following facts:

Mrs. Eloise Moorehead, operator of a motel, was robbed on January 17, 1967. A man entered the motel office shortly before midnight and threatened her with a gun. He was not masked. He...

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