STATE v. RICHMOND

No. 749SC755.

209 S.E.2d 535 (1974)

23 N.C. App. 683

STATE of North Carolina v. Tony Derico RICHMOND.

Court of Appeals of North Carolina.

November 20, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Associate Atty. Gen. Robert P. Gruber, Raleigh, for the State.

Ramsey, Jackson, Hubbard & Galloway, by Mark Galloway, Roxboro, for defendant appellant.


BALEY, Judge.

Defendant contends that the court erred in admitting the identification testimony of the State's witness, Walter Woody.

"When the admissibility of in-court identification testimony is challenged on the ground it is tainted by out-of-court identification(s) made under constitutionally impermissible circumstances, the trial judge must make findings as to the background facts to determine whether the proffered testimony meets the tests of admissibility...

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