STATE v. YARN

No. 835SC609.

313 S.E.2d 5 (1984)

STATE of North Carolina v. Jerome YARN.

Court of Appeals of North Carolina.

March 20, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen., Newton G. Pritchett, Jr., Raleigh, for the State.

Sperry, Scott, Cobb & Cobb by W. Allen Cobb, Jr., Wilmington, for defendant-appellant.


EAGLES, Judge.

Defendant first assigns as error that the trial judge improperly admitted an in-court identification of defendant by Mrs. Hasty. Defendant contends that, in light of a pretrial photographic lineup that Mrs. Hasty viewed, the State did not present sufficient evidence to show that Mrs. Hasty's in-court identification of defendant as the perpetrator of the crime was of independent origin. We do not agree.

Identification evidence must be excluded...

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