OAKLEY v. STATE

6 Div. 245.

457 So.2d 459 (1984)

Greg Lewis OAKLEY v. STATE.

Court of Criminal Appeals of Alabama.

October 9, 1984.


Attorney(s) appearing for the Case

David Cromwell Johnson of Johnson & Johnson, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Patricia E. Guthrie, Asst. Atty. Gen., for appellee.


PATTERSON, Judge.

Appellant Greg Lewis Oakley was indicted for assault with intent to murder, and subsequently convicted of assault and battery by a jury. Appellant was sentenced to six months' hard labor and fined $500, plus costs. The major argument advanced on appeal is that the in-court identification of appellant by the victim of the assault was tainted by the use of impermissibly suggestive out-of-court identification procedures. We agree.

At approximately...

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