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STATE v. PHELPS

No. 731SC251.

197 S.E.2d 558 (1973)

18 N.C. App. 603

STATE of North Carolina v. Harrell Ray PHELPS.

Court of Appeals of North Carolina.

Certiorari Denied August 31, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. James E. Magner, Raleigh, for the State.

Kellogg, Wheless & White by Thomas L. White, Jr., Manteo, for defendant.

Certiorari Denied by Supreme Court August 31, 1973.

BROCK, Judge.

Defendant assigns as error the allowance of the in-court identification of defendant by the prosecution witness, William Z. Burrus. Witness Burrus first identified defendant at a lineup prior to trial. Defendant contends, on appeal, for the first time, that the lineup as conducted was so impermissibly suggestive as to give rise to a substantial likelihood...

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