STATE v. BARTOW

No. 855SC45.

334 S.E.2d 480 (1985)

STATE of North Carolina v. William Cole BARTOW.

Court of Appeals of North Carolina.

October 1, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Attys. Gen. Michael Smith and Abraham P. Jones, Raleigh, for the State.

Zimmer and Zimmer by Jeffrey L. Zimmer and Melinda Haynie, Wilmington, for defendant.


WELLS, Judge.

Defendant first argues that the trial court erred by not suppressing evidence of Ms. Hales' out-of-court photographic identification of him as the perpetrator of the robbery. He contends the identification procedure was impermissibly suggestive because (1) the photographs shown to Ms. Hales were altered by the drawing of eyeglasses on each person pictured so as to conform to Ms. Hales' description of the robber, and (2) because his photograph was distinguishable...

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