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STATE v. GATLING

No. 30.

170 S.E.2d 593 (1969)

275 N.C. 625

STATE of North Carolina v. Arthur S. GATLING and Clarence B. Banks.

Supreme Court of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

John H. Harmon, New Bern, for defendant appellants.

Robert Morgan, Atty. Gen., and Christine Y. Denson, Raleigh, Staff Atty., for the State.

HUSKINS, Justice.

Within four hours after the victim was beaten and robbed, defendants were apprehended and brought to the county jail. The victim, already there, promptly recognized defendants and identified them as his assailants. He so testified at the trial and over objection made in in-court identification of the robbers. Defendants contend this violated their constitutional right under the Sixth and Fourteenth Amendments...

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