NUGIN v. STATE

70902.

176 Ga. App. 38 (1985)

334 S.E.2d 921

NUGIN v. THE STATE.

Court of Appeals of Georgia.

Decided September 13, 1985.


Attorney(s) appearing for the Case

Benjamin Allen, for appellant.

Sam B. Sibley, Jr., District Attorney, James W. Ellison, Assistant District Attorney, for appellee.


DEEN, Presiding Judge.

Lynn Nevine Nugin appeals from his conviction of burglary following the denial of his motion for a new trial, contending that the trial court erred in denying his motion to suppress identification. Held:

The evidence showed that when Timothy T. Tutt returned to his home during the early morning hours of August 19, 1984, he noticed a man standing on the sidewalk in front of the house. Because of the lateness of the hour, he became...

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