Judgment reversed on the law and a new trial ordered. The findings of fact are affirmed.
After the Wade hearing, the court ruled that the photo identification of the appellant by Transit Patrolman Ray was improper and inadmissible in evidence at the trial. However, it refused to make a finding as to whether or not such improper identification poisoned Ray's subsequent in-court identification of the appellant. Instead, the court stated that it would let the...
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