STATE v. BALDWIN

No. 8215SC285.

297 S.E.2d 188 (1982)

STATE of North Carolina v. George W. BALDWIN, Jr.

Court of Appeals of North Carolina.

November 16, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. K. Michele Allison, Raleigh, for the State.

Appellate Defender Adam L. Stein by Asst. Appellate Defenders Marc D. Towler and James R. Glover, Raleigh, for defendant.


ARNOLD, Judge.

Defendant first attacks the refusal of the trial court to suppress the in-court identification of the defendant by Carlton. He argues that not only was the pretrial showing of photographs improper, but that the in-court identification did not meet the tests to remove the taint of illegality. We disagree.

Even though the photograph showing here was unnecessarily suggestive, as the State concedes, the in-court identification is still admissible...

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