STATE v. SPINKS

No. 7520SC474.

219 S.E.2d 809 (1975)

27 N.C. App. 642

STATE of North Carolina v. Caldwell SPINKS and Ester Walter Cassidy.

Court of Appeals of North Carolina.

December 3, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. James E. Magner, Jr., Raleigh, for the State.

Smith & Thigpen by Dock G. Smith, Jr., Carthage, and J. Stephen Gaydica, III, for defendants-appellants.


HEDRICK, Judge.

At trial, the prosecuting witness undertook to identify some of the men in the courtroom as being present at the crime. It is not clear from the record who was ever identified or whether either of the defendants was pointed to by the witness, but counsel for defendants objected to the identification, which objection was overruled. On appeal, they argue that the court should have conducted a voir dire inquiry as to the basis of the witness's identification...

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