STATE v. McKEITHAN

No. 49.

239 S.E.2d 254 (1977)

293 N.C. 772

STATE of North Carolina v. Brownie Lee McKEITHAN.

Supreme Court of North Carolina.

December 15, 1977.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., Thomas B. Wood, Asst. Atty. Gen., Raleigh, for the State.

Jerry B. Clayton, Robert W. Myrick, Kenneth B. Oettinger, Durham, for defendant appellant.


HUSKINS, Justice:

Defendant contends his in-court identification by the witness Lawrence Rogers was based on unnecessarily suggestive pretrial identification procedures which violated due process. He therefore argues that the identification testimony of this witness was erroneously admitted. This constitutes his first assignment of error.

A voir dire was conducted at the first trial to determine whether defendant's in-court identification was tainted by prior...

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