STATE v. RUSSELL

No. 7312SC277.

201 S.E.2d 39 (1973)

20 N.C. App. 120

STATE of North Carolina v. Thomas Paul RUSSELL.

Court of Appeals of North Carolina.

December 12, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Howard A. Kramer, Raleigh, for the State.

Thomas H. Williams, Fayetteville, for defendant appellant.


PARKER, Judge.

Defendant brings forward two assignments of error. The first concerns the trial court's refusal, at the close of the voir dire examination, to suppress prosecutrix Effie Tilley's in-court identification of defendant as one of the two men who, at approximately 1:00 a. m. on 28 December 1971, came into the motel operated by Mrs. Tilley and her husband and robbed them at gunpoint. Facts pertinent to the in-court identification are as follows: Mrs. Tilley...

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