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STATE v. STAMEY

No. 6925SC508.

170 S.E.2d 497 (1969)

6 N.C. App. 517

STATE of North Carolina v. Royce STAMEY and Leonard Austin.

Court of Appeals of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

Jean A. Benoy, Deputy Atty. Gen., and Bernard A. Harrell, Asst. Atty. Gen., for the State.

Riddle & McMurray by John H. McMurray, Morgantown, for defendant-appellant Royce Stamey.

Ted S. Douglas, Lenior, for defendant-appellant Leonard Austin.

GRAHAM, Judge.

Defendants assign as error the court's conclusion that their identity as perpetrators of the alleged robbery was not based on the illegal pretrial lineup identification. They also contend that their cases should have been nonsuited for lack of sufficient evidence.

The case of United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 and the companion case of Gilbert v. California, 388...

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