STATE v. SADLER

No. 7826SC987.

251 S.E.2d 902 (1979)

STATE of North Carolina v. Kenneth SADLER.

Court of Appeals of North Carolina.

February 20, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Joan H. Byers, Raleigh, for the State.

Theo H. Nixon, Asst. Public Defender, Charlotte, for defendant-appellee.


ARNOLD, Judge.

First the State argues that defendant was not entitled to counsel at the show-up. The State errs in arguing that G.S. 7A-451(b)(2) controls. That statute sets out the entitlement of indigent persons to the services of counsel; the issue here is not whether defendant was entitled to have counsel appointed at State expense, but whether he was entitled to have counsel present at the show-up. The...

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