LOWE v. STATE

51120.

136 Ga. App. 631 (1975)

222 S.E.2d 50

LOWE v. THE STATE.

Court of Appeals of Georgia.

Decided October 22, 1975.

Rehearing Denied November 19, 1975.


Attorney(s) appearing for the Case

Jack Dorsey, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.


CLARK, Judge.

This appeal presents two questions: (1) Was the identification in open court of the defendant as being the culprit valid? (2) Was the cross examination over objection of defendant concerning his failure previously to disclose his whereabouts on the evening of the offense prejudicial to the extent of requiring a new trial? Since there was no taint of "impermissible suggestion" as to the identification (even though it occurred during the trial), the first...

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