STATE v. McPHERSON

No. 6914SC515.

171 S.E.2d 464 (1970)

7 N.C. App. 160

STATE of North Carolina v. Charlie McPHERSON, Robert Lee Jones and Ronald Michael Harris.

Court of Appeals of North Carolina.

January 14, 1970.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Andrew A. Vanore, Jr., Raleigh, Staff Attorney, for the State.

Pearson, Malone, Johnson & DeJarmon, by W. G. Pearson, II, and C. C. Malone, Jr., and Blackwell M. Brogden, Brogden & Brogden, Durham, for defendants appellants.


GRAHAM, Judge.

Defendants assign as error the overruling by the court of their objection to an in-court identification of the defendants by the prosecuting witness Fisher.

When Fisher was asked to make an in-court identification of the three defendants, objections were interposed on the grounds that such identification would be tainted by the out-of-court identifications made of McPherson and Jones from photographs and made of Harris from the confrontation...

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