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STATE v. WHITNEY

No. 7526SC182.

216 S.E.2d 439 (1975)

26 N.C. App. 460

STATE of North Carolina v. Arthur WHITNEY.

Court of Appeals of North Carolina.

July 2, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Parks H. Icenhour, Raleigh, and Associate Atty. Isaac T. Avery, III, for the State.

Richard M. Mitchell, Charlotte, for defendant-appellant.

ARNOLD, Judge.

Defendant first contends that the trial court erred in denying his motion to suppress the in-court identification testimony of Patricia Bailey on the ground that it was tainted by an improper show-up procedure. The rule, as set out in State v. Tuggle, 284 N.C. 515, 520, 201 S.E.2d 884, 887 (1974), is as follows:

"When the admissibility of in-court identification testimony is...

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