STATE v. NEAGLE

No. 7626SC2.

224 S.E.2d 274 (1976)

29 N.C. App. 308

STATE of North Carolina v. Don Barry NEAGLE.

Court of Appeals of North Carolina.

May 5, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ann Reed, Raleigh, for the State.

Childers & Fowler by Max L. Childers, and Roberts, Caldwell & Planer, P. A. by Joseph B. Roberts, III, Mount Holly, for defendant-appellant.


BRITT, Judge.

Defendant assigns as error the admission of certain testimony by the witness Eddie Dean Smith on the ground that the testimony constituted an in-court identification of defendant without a voir dire determination of its admissibility. The assignment has no merit.

Smith testified that on the night in question, at about 10:00 p. m., he went to Smitty's Place where he observed a Ford LTD in the parking lot; that the lot was well lighted and he saw...

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