STATE v. McVAY

No. 22.

183 S.E.2d 652 (1971)

279 N.C. 428

STATE of North Carolina v. Danny McVAY. STATE of North Carolina v. Woodrow SIMMONS.

Supreme Court of North Carolina.

October 13, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

W. Herbert Brown, Jr., Charlotte, for defendant McVay, appellant.

James J. Caldwell, Charlotte, for defendant Simmons, appellant.


MOORE, Justice.

Each defendant excepted to and assigned as error the admission over his objection of the in-court identification by Joines of defendants as the men who robbed him. When Joines' identification testimony was proffered, each defendant objected and the jury was excused. In the absence of the jury a voir dire hearing was conducted. The evidence offered consisted of the testimony of Joines; Dale M. Travis, a member of the Criminal Investigation Bureau...

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