STATE v. WILSON

No. 106.

235 S.E.2d 219 (1977)

293 N.C. 47

STATE of North Carolina v. Reginald WILSON.

Supreme Court of North Carolina.

June 13, 1977.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Charles M. Hensey, Asst. Atty. Gen., Raleigh, for the State of North Carolina.

Dallas Clark, Jr., Greenville, court-appointed counsel for defendant-appellant.


HUSKINS, Justice:

Defendant moved to suppress his in-court identification by the prosecuting witness on the ground that its exclusion is required by the due process clause of the Federal Constitution. Denial of this motion constitutes defendant's first assignment of error.

It is proper to note at this point that G.S. 15A-974(1), pursuant to which defendant's motion is purportedly filed, mandates the suppression of evidence only when the evidence sought...

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