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STATE v. ERVIN

No. 7526SC272.

215 S.E.2d 845 (1975)

26 N.C. App. 328

STATE of North Carolina v. James Marion ERVIN.

Court of Appeals of North Carolina.

June 18, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles J. Murray, Raleigh, for the State.

James M. Shannonhouse, Jr., Charlotte, for defendant-appellant.

BRITT, Judge.

Defendant contends in his first assignment of error that the court erred in allowing Pressgrove to identify him at trial for the reason that the lineup procedures employed were impermissibly suggestive. We find no merit in the assignment.

The testimony of Pressgrove, on voir dire, was to the following effect: On the day in question Pressgrove was an employee of the City of Charlotte, working as a water

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