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STATE v. HASKINS

No. 7715SC440.

238 S.E.2d 196 (1977)

34 N.C. App. 376

STATE of North Carolina v. Frank HASKINS and Norman Melvin.

Court of Appeals of North Carolina.

November 2, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Jane Rankin Thompson, Raleigh, for the State.

Winston, Coleman & Bernholz by Barry T. Winston, Chapel Hill, for defendant-appellant Haskins.

Levine & Stewart by John T. Stewart, Chapel Hill, for defendant-appellant Melvin.

ARNOLD, Judge.

During presentation of the State's evidence, witness Poole, who had previously identified the photographs of defendants, was allowed to testify as to the identity of the men who attempted to rob him. Defendants claim that under Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968), which sets forth the reason for excluding in-court identifications

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