STATE v. SMITH

No. 748SC1079.

214 S.E.2d 200 (1975)

25 N.C. App. 595

STATE of North Carolina v. William Henry SMITH, Jr.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Ralf F. Haskell, Raleigh, for the State.

Wallace, Langley, Barwick & Llewellyn and James D. Llewellyn, Kinston, for the defendant-appellant.


BROCK, Chief Judge.

Defendant's first assignment of error challenges the in-court identification of defendant by the prosecuting witness: Was the identification tainted by an impermissively suggestive pretrial photographic identification procedure? Each case must be considered on its own facts, and the findings of fact and conclusions of law drawn from the voir dire examination must be upheld if they are supported by competent evidence.

Before Mrs....

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