STATE v. FRYE

A92A0783.

205 Ga. App. 508 (1992)

422 S.E.2d 915

THE STATE v. FRYE.

Court of Appeals of Georgia.

Decided September 18, 1992.


Attorney(s) appearing for the Case

David E. Perry, District Attorney, Ronnie A. Wheeler, Assistant District Attorney, for appellant.

Mixon & Mixon, Warren L. Mixon, for appellee.


SOGNIER, Chief Judge.

David Frye was indicted on a charge of robbery. At trial, after a jury was selected but before the jury was sworn, Frye moved in limine to exclude evidence of both an out-of-court identification Frye alleged was improper and any in-court identification that might be offered during trial. The trial court granted Frye's motion and the State appeals.

1. Before considering the merits of the appeal we must consider initially the State's right...

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