STATE v. EVANS

No. 7510SC132.

214 S.E.2d 293 (1975)

25 N.C. App. 667

STATE of North Carolina v. Leroy EVANS.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. T. Lawrence Pollard, Raleigh, for the State.

William E. Marshall, Jr., Raleigh, for defendant-appellant.


ARNOLD, Judge.

Defendant's principal assignment of error concerns the admissibility of the identification testimony of Emik Hanson Etuk and Amos Hanson Etukodah. He contends that the trial court's finding that the witness's in-court identification was not tainted by an illegal lineup is unsupported by clear and convincing evidence. We disagree. At the pretrial voir dire hearing, Etuk testified that on the night of 11 July 1974 he and his brother Etukodah were working...

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