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STATE v. DAVIS

No. 7820SC128.

245 S.E.2d 583 (1978)

37 N.C. App. 173

STATE of North Carolina v. Fred DAVIS.

Court of Appeals of North Carolina.

July 11, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Gen. Atty. Sarah Lee Fuerst, Raleigh, for the State.

Gerald R. Chandler, Albemarle, for defendant-appellant.

MITCHELL, Judge.

The defendant first assigns as error the failure of the trial court to exclude the in-court identification of the defendant by the witness Blalock. This assignment is without merit.

Upon timely objection by the defendant, the trial court conducted a voir dire to determine the admissibility of the witness' identification of the defendant. Based upon competent evidence, the trial court found the witness had ample opportunity

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