STATE v. BASS

No. 78.

186 S.E.2d 384 (1972)

280 N.C. 435

STATE of North Carolina v. Michael BASS and Gregory Alexander Barrett.

Supreme Court of North Carolina.

February 9, 1972.


Attorney(s) appearing for the Case

Wallace C. Harrelson, Public Defender, and J. Dale Shepard, Asst. Public Defender, for defendant appellant Bass.

Alston, Pell, Pell & Weston by E. L. Alston, Jr., Greensboro, for defendant appellant Barrett.

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


HUSKINS, Justice:

The first assignment of defendant Bass is based on the contention that since he did not sign a written waiver of his right to counsel at the lineup when he was exhibited to the prosecuting witness for identification, the lineup was illegal and his subsequent in-court identification by Sandra Garner was tainted and inadmissible. He therefore argues that his motion to suppress her in-court identification should have been allowed.

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