STATE v. KIRK

No. 7220SC830.

193 S.E.2d 377 (1972)

17 N.C. App. 68

STATE of North Carolina v. Joe Calvin KIRK.

Court of Appeals of North Carolina.

December 20, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Donald A. Davis, Raleigh, Staff Attorney, for State.

Hopkins & Hudson by Elton S. Hudson, Albemarle, for defendant appellant.


BRITT, Judge.

By his first assignment of error brought forward and argued in his brief, defendant contends that the court erred in finding as a fact and concluding as a matter of law that the in-court identification of defendant by Stamper was admissible into evidence.

On direct examination by the solicitor, when Stamper was first asked to identify the person who took the billfold and money from him, defendant's attorney objected after which the jury was excused...

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