STATE v. LATHAN

No. 71-508.

30 Ohio St. 2d 92 (1972)

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

Supreme Court of Ohio.

Decided May 10, 1972.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Harvey R. Monck, for appellee.

Mr. Isaac Schulz, for appellant.


STERN, J.

The question upon appeal involves the issue of whether the improper pre-trial identification procedures employed by the police so tainted the victim-witness' in-court identification be excluded from evidence at the trial, such identification be excluded from evidence at the trial, or whether the in-court identification was shown by clear and convincing evidence to have been the result of an observation having an independent origin other than the pre-trial...

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