STATE v. JONES

No. 788.

495 P.2d 380 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Ivey JONES, Defendant-appellant.

Court of Appeals of New Mexico.

March 10, 1972.


Attorney(s) appearing for the Case

W.J. Schnedar, Frazier, Cusack & Schnedar, Roswell, for defendant-appellant.

David L. Norvell, Atty. Gen., Prentis Reid Griffith, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of robbery. Section 40A-16-2, N.M.S.A. 1953 (Repl.Vol. 6). He complains (1) of the photographic identification procedure employed by the police and (2) of the basis on which the trial court ruled that the procedure was not improper.

Marvin Jones was the night attendant at a service station. His wife and baby were also at the station. At approximately 2:00 a.m., a man came to the station...

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