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WATSON v. STATE

349 A.2d 738 (1975)

Ralph W. WATSON, Jr., Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided December 10, 1975.

Attorney(s) appearing for the Case

Roger W. Arrington and Arlen B. Mekler, Asst. Public Defenders, Wilmington, for defendant below, appellant.

James S. Green, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

HERRMANN, Chief Justice.

The defendant appeals his conviction of first degree robbery [11 Del.C. § 832(2)] on the ground that his in-court identification by the victim was fatally tainted by evidence of an unnecessarily suggestive out-of-court confrontation and identification.

I.

On the day of the robbery, Betty Ann Wilson finished work at 2:00 a. m. She and Ethel Felton decided to visit a girl friend, Doris. They arrived at Doris'

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