STATE v. ARNOLD

No. 36592.

528 S.W.2d 164 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Royce T. ARNOLD, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Three.

September 23, 1975.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., Brendan Ryan, Circuit Atty., St. Louis, for defendant-appellant.

Henry G. Philip, Jeffrey Shank, Asst. Public Defenders, Charles D. Kitchin, Public Defender, St. Louis, for plaintiff-respondent.


GUNN, Judge.

Defendant Royce Arnold appeals his conviction and five year sentence for stealing from a dwelling house. Defendant maintains that an in-court identification of defendant by a prosecution witness was based on an unduly suggestive lineup and was therefore improper. We disagree and affirm the conviction.

The State's key witness to the crime was Kenneth Churchill. Mr. Churchill testified that in midmorning he observed the defendant, who was wearing...

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