STATE v. SMITH

No. 7412SC205.

204 S.E.2d 693 (1974)

21 N.C. App. 426

STATE of North Carolina v. Toneo SMITH.

Court of Appeals of North Carolina.

May 1, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. James L. Blackburn, Raleigh, for the State.

Cherry & Grimes by Donald W. Grimes, Fayetteville, for defendant appellant.


HEDRICK, Judge.

By his first assignment of error the defendant contends that the trial court erred in denying his motion for a voir dire hearing as to the legality of the prosecuting witness' in-court identification of the defendant. Although the better practice dictates "that the trial judge, even upon a general objection only, should conduct a voir dire in the absence of the jury, find facts, and thereupon determine the admissibility of in-court identification testimony...

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