STATE v. MONTIETH

No. 7430SC611.

209 S.E.2d 289 (1974)

23 N.C. App. 498

STATE of North Carolina v. W. L. MONTIETH.

Court of Appeals of North Carolina.

November 6, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Asst. Atty. Gen. William F. O'Connell, Raleigh, for the State.

C. E. Hyde, Murphy, for defendant appellant.


PARKER, Judge.

On the afternoon of 1 December 1973 Olin McAllister, operator of a country store in Cherokee County, N.C., was robbed by a man carrying a high-powered rifle. A few hours later defendant was arrested at his home in Georgia and was charged with the robbery. About 9:00 p. m. on the same date he was placed in a lineup with three other men at the police station in McCaysville, Georgia. Defendant did not have counsel at the time and had not been advised of...

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