STATE v. JACKSON

No. 70-311.

26 Ohio St. 2d 74 (1971)

THE STATE OF OHIO, APPELLEE, v. JACKSON, APPELLANT.

Supreme Court of Ohio.

Decided April 21, 1971.


Attorney(s) appearing for the Case

Mr. Harry Friberg, prosecuting attorney, and Mr. Anthony J. Pizza, for appellee.

Messrs. Cannon, Burns, Holt & Michel and Mr. Robert A. Burns, for appellant.


HERBERT, J.

The basic question raised by this appeal is whether exhibition of the suspect's photograph to a witness immediately prior to the line-up so tainted the witness's subsequent in-court identification as to render it inadmissible.

It must be noted at the outset that appellant's counsel was present at the line-up, and no objection is made to the composition of the line-up itself. The sole question is whether exhibition of the appellant's photograph...

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