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STATE v. VAN DYKE

No. 755SC796.

222 S.E.2d 466 (1976)

28 N.C. App. 619

STATE of North Carolina v. Floyd Gerome VAN DYKE.

Court of Appeals of North Carolina.

March 3, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. George W. Boylan, Raleigh, for the State.

Loflin & Loflin, by Thomas F. Loflin, III, Durham, for defendant.

BROCK, Chief Judge.

When these cases were called for trial, and before pleading to the charges, defendant made a motion for an in-court lineup to test the identifications by the State's witnesses. The motion was denied, and defendant made a motion that he be allowed to put on evidence upon his motion for the lineup. This motion was likewise denied. Appellate counsel concedes that he can find no authority to support either motion but asks this Court to review trial...

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