FOSTER v. STATE

62588.

160 Ga. App. 326 (1981)

FOSTER v. THE STATE.

Court of Appeals of Georgia.

Decided November 6, 1981.


Attorney(s) appearing for the Case

Vernon S. Pitts, Jr., for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Benjamin H. Oehlert III, A. Thomas Jones, Assistant District Attorneys, for appellee.


BANKE, Judge.

This is the second appearance of this case before this court. On the first appearance, we vacated the defendant's robbery conviction and remanded for a new hearing on his motion to exclude certain eyewitness-identification testimony. That motion was based on a contention that immediately prior to trial, a courtroom lineup was conducted to which defense counsel was not invited. Such a procedure would, of course, have constituted a denial of the defendant...

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