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STATE v. STEWART

21335

275 S.C. 447 (1980)

272 S.E.2d 628

The STATE, Respondent, v. Douglas STEWART, Appellant.

Supreme Court of South Carolina.

December 1, 1980.

Attorney(s) appearing for the Case

Chief Atty. John L. Sweeny and Staff Atty. Tara D. Shurling, of S.C. Appellate Defense Commission, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Kay G. Crowe, Columbia; and Sol. William W. Wilkins and Asst. Sol. Matthew Hawley, Greenville, for respondent.

December 1, 1980.

HARWELL, Justice:

Douglas Stewart appeals his conviction for armed robbery and the life imprisonment sentence imposed pursuant to Section 17-25-40, Code of Laws of South Carolina (1976). We affirm the conviction and remand for a sentencing hearing and imposition of the appropriate sentence.

Appellant contends that the pre-trial identification procedures used by the police were unnecessarily suggestive and conducive to irreparable...

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