STATE v. COLE

No. 7212SC307.

189 S.E.2d 510 (1972)

14 N.C. App. 733

STATE of North Carolina v. Willie Eugene COLE.

Court of Appeals of North Carolina.

June 28, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Roy A. Giles, Jr., for the State.

Butler, High & Baer by L. Sneed High, Fayetteville, for defendant appellant.


VAUGHN, Judge.

Defendant assigns errors with respect to the "in-court" identification of defendant. The same are overruled. It is clear that the in-court identification of the defendant was not based on illegal pretrial procedures and the judge so found. It is clear that the witness had ample opportunity to observe defendant as he passed her just prior to the assault and during the assault. Shortly thereafter the witness recognized defendant as he walked across the...

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