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STATE v. GURKIN

No. 7017SC157.

174 S.E.2d 20 (1970)

STATE of North Carolina v. Samuel Jessie GURKIN, Earl W. Newman and Leonard Stinson.

Court of Appeals of North Carolina.

Certiorari Denied July 14, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Trial Atty. Claude W. Harris, Raleigh, for the State.

Price, Osborne & Johnson, D. Floyd Osborne, Leaksville, and Gwyn, Gwyn & Morgan, by Melzer A. Morgan, Jr., Reidsville, for defendants Gurkin and Newman.

D. Emerson Scarborough, Yanceyville, for defendant Stinson.

BROCK, Judge.

Defendants undertake to assign as error the in-court identification of the three defendants; they argue that the in-court identification was tainted by an illegal in-custody pre-trial confrontation. Not one of the three defendants objected to or moved to strike the in-court identification; on appeal they have raised the question for the first time. At trial defendants did not indicate in any way that they desired...

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