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STATE v. JOHNSON

No. 7421SC434.

205 S.E.2d 761 (1974)

22 N.C. App. 183

STATE of North Carolina v. Robert Lee JOHNSON.

Court of Appeals of North Carolina.

June 19, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. Kenneth B. Oettinger, Raleigh, for the State.

D. Blake Yokley, Winston-Salem, for defendant appellant.

HEDRICK, Judge.

Defendant, by his first assignment of error, asserts that the trial court committed error by allowing the in-court identification of defendant by the prosecuting witness. The trial court, following the established procedure, conducted a voir dire to ascertain if the witness' in-court identification was of independent origin and not tainted by impermissibly suggestive out of court procedures.

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