McLEAN v. PEOPLE

No. 23399.

473 P.2d 715 (1970)

John C. McLEAN, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

August 10, 1970.


Attorney(s) appearing for the Case

Morgan Smith, Public Defender, Brighton, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., James F. Pamp, Aurel M. Kelly, Asst. Attys. Gen., Denver, for defendant in error.


PRINGLE, Justice.

John C. McLean, the defendant, was charged with simple robbery and convicted by a jury. He alleges as error (1) the failure of the court to rule that the incourt identification of him by the victim of the robbery was tainted by an unduly suggestive photographic identification, and the court's refusal to grant him a hearing outside the presence of the jury to determine whether his identification by two other...

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