STATE v. THACKER

No. 7310SC255.

197 S.E.2d 248 (1973)

18 N.C. App. 547

STATE of North Carolina v. Robert Lee THACKER.

Court of Appeals of North Carolina.

June 27, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. Ralf F. Haskell, Raleigh, for the State.

Boyce, Mitchell, Burns & Smith, by Robert E. Smith, Raleigh, for defendant appellant.


MORRIS, Judge.

At trial and before the presentation of any evidence, defendant, through counsel, advised the court that defendant anticipated that the State would offer in evidence testimony of Miss Brenda Gail Waddell and Swain Pierce to identify defendant as Miss Waddell's assailant, and that it was the contention of the defendant that any in-court identification of the defendant by either Miss Waddell or Mr. Pierce would be tainted by an unlawful viewing for identification...

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