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STATE v. SMITH

No. 36.

180 S.E.2d 7 (1971)

278 N.C. 476

STATE of North Carolina v. Robert (Bobby) SMITH.

Supreme Court of North Carolina.

April 14, 1971.

Attorney(s) appearing for the Case

F. O'Neil Jones, Wadesboro, for defendant appellant.

Robert Morgan, Atty. Gen., and Ralph Moody, Deputy Atty. Gen., for the State.

HUSKINS, Justice:

The refusal of the court to suppress the evidence of Fred Cook, identifying defendant as the man who attempted to rob him, constitutes defendant's only assignment of error. Defendant argues that he was identified at the jail in the absence of his counsel and under suggestive circumstances amounting to a denial of due process in violation of the Fourteenth Amendment. We now examine the validity of this contention...

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