BUTLER v. STATE

25531.

226 Ga. 56 (1970)

172 S.E.2d 399

BUTLER v. THE STATE.

Supreme Court of Georgia.

Decided January 8, 1970.

Rehearing Denied January 26, 1970.


Attorney(s) appearing for the Case

John H. Ruffin, Jr., for appellant.

R. William Barton, District Attorney, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, Assistant Attorney General, Dorothy T. Beasley, for appellee.


UNDERCOFLER, Justice.

This appeal is from a conviction and sentence of ten years for the crime of robbery by force. Held:

1. The appellant contends that the State is required to prove that an in-court identification is of an independent origin where the defendant had been previously identified in a lineup by the same witness and that this burden was not carried in the instant case.

The evidence shows that the defendant entered a Western Union...

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