STATE v. CARROLL

No. 8228SC853.

303 S.E.2d 556 (1983)

STATE of North Carolina v. Christopher Wade CARROLL.

Court of Appeals of North Carolina.

June 21, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Kaye R. Webb, Raleigh, for the State.

Arthur E. Jacobson, and Swain & Stevenson, Joel B. Stevenson, Asheville, for defendant-appellant.


WEBB, Judge.

Defendant contends the trial court should not have allowed the in-court identification of defendant as the offender by the prosecuting witness, Lisa Felmet. He argues first that the circumstances at the time of the assault were such that she could not have recognized defendant as the assailant. Defendant maintains that the evidence shows it was dark outside the apartment except for the porch light, and that...

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