STATE v. HUNTER

Nos. 757SC440, 757SC441.

219 S.E.2d 572 (1975)

27 N.C. App. 534

STATE of North Carolina v. Mamie Ruth HUNTER and Sylvester Gray.

Court of Appeals of North Carolina.

November 19, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Robert Gruber, Raleigh, for the State.

Moore, Moore & Weaver, by Stephen L. Beaman, Wilson, for defendants-appellants.


MARTIN, Judge.

Defendants contend that the court erred in finding facts and making conclusions of law to the effect that the in-court identifications were of independent origin and not tainted by illegal pretrial identification procedure.

"It is well established that the primary illegality of an out-of-court identification will render inadmissible the in-court identification unless it is first determined on voir dire that the in-court identification is of...

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