STATE v. HORTON

No. 2229.

108 Ariz. 16 (1972)

492 P.2d 395

STATE of Arizona, Appellee, v. Percy HORTON, Appellant.

Supreme Court of Arizona, In Banc.

January 5, 1972.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Paul J. Prato, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Public Defender, Maricopa County, James H. Kemper, Deputy Public Defender, Phoenix, for appellant.


LOCKWOOD, Justice:

Percy Horton was charged with one count of robbery and one count of assault with a deadly weapon. Prior to trial he moved to suppress any in-court identification made by the victim. The trial court ruled that identification made at the actual lineup would be suppressed but the in-court identification was admissible. Upon trial the jury returned a verdict against the defendant on both counts as charged.

On April 19, 1970, at approximately...

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