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STATE v. JOHNSON

No. 42.

185 S.E.2d 689 (1972)

280 N.C. 295

STATE of North Carolina v. Walter Eugene JOHNSON.

Supreme Court of North Carolina.

January 14, 1972.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen. by Thomas B. Wood, Asst. Atty. Gen., for the State.

W. Warren Sparrow, Winston-Salem, for defendant appellant.

HIGGINS, Justice.

The defendant by brief and by oral argument, presents two questions for review: (1) Was the in-court identification of the defendant by the prosecuting witness tainted and rendered inadmissible by the prior identification while the defendant was in custody of the officers and without counsel? and (2) Was the evidence sufficient to survive the motion to dismiss and to sustain the guilty verdict? Neither...

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