CARMICHEL v. STATE

No. 6009.

467 P.2d 108 (1970)

Hollis CARMICHEL, Appellant, v. STATE of Nevada, Respondent.

Supreme Court of Nevada.

March 25, 1970.


Attorney(s) appearing for the Case

James D. Santini, Public Defender, and Robert G. Legakes, Deputy Public Defender, Las Vegas, for appellant.

Harvey Dickerson, Atty. Gen., Carson City, George E. Franklin, Jr., Dist. Atty., and Richard D. Weisbart, Deputy Dist. Atty., Las Vegas, for respondent.


OPINION

THOMPSON, Justice.

By this direct appeal we are asked to set aside Carmichel's robbery conviction for the sole reason that the trial court refused to suppress the in-court identification of him by the victim whose pretrial identification was made from photographs submitted by the police and in the absence of his counsel. We decline to do so and affirm the judgment entered below.

When the victim viewed the photographs, Carmichel was in custody...

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