STATE v. LANKFORD

No. 755SC757.

221 S.E.2d 913 (1976)

28 N.C. App. 521

STATE of North Carolina v. Terry Steven LANKFORD and Joseph Benjamin Boudreau.

Court of Appeals of North Carolina.

February 18, 1976.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Asst. Atty. Gen., Charles J. Murray, Raleigh, for the State.

Prickett & Scott by Carlton S. Prickett, Jr., Wilmington, for defendant Lankford.

James A. MacDonald, Wilmington, for defendant Boudreau.


MARTIN, Judge.

Defendants contend their in-court identification by Carolyn D. Caton was based on unnecessarily suggestive pretrial identification procedures which violated due process.

Our Court has generally held that an in-court identification of the accused by a witness who took part in such pretrial confrontation must be excluded unless it is first determined by the trial judge on voir dire that the in-court identification is of independent origin and...

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