NICHOLES v. STATE

1 Div. 293.

409 So.2d 454 (1981)

Oliver NICHOLES v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 26, 1982.


Attorney(s) appearing for the Case

Floyd C. Enfinger, Jr. of Lacey & Enfinger, Fairhope, for appellant.

Charles A. Graddick, Atty. Gen., and Thomas R. Allison, Asst. Atty. Gen., for appellee.


BOWEN, Judge.

The defendant was indicted and convicted for rape in the first degree. Sentence was 40 years' imprisonment.

The defendant contends that the pretrial identification procedures were impermissibly suggestive in that he was the only common participant in both the photographic and corporal lineups, despite the fact that one victim identified the defendant and another individual and the other victim selected yet a third individual from the photographic...

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