STATE v. HENDERSON

No. 8.

203 S.E.2d 10 (1974)

285 N.C. 1

STATE of North Carolina v. Alton James HENDERSON.

Supreme Court of North Carolina.

March 13, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Associate Attorney Richard F. Kane, Raleigh, for the State.

W. R. Dalton, Jr., and Fred Darlington, III, Burlington, for defendant-appellant.

David E. Kendall, New York City, for the NAACP Legal Defense Fund.


BRANCH, Justice.

Defendant assigns as error the admission, over his objection, of the in-court identification testimony by the prosecuting witness, Judith Strader. He argues that this testimony was tainted by an out-of-court identification procedure which violated Constitutional rights guaranteed to him by the Sixth and Fourteenth Amendments to the United States Constitution in that the identification procedure was conducted in the absence of counsel and was impermissibly...

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