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STATE v. GERING

No. 2326.

108 Ariz. 377 (1972)

498 P.2d 465

The STATE of Arizona, Appellee, v. Sidney Neil GERING, Appellant.

Supreme Court of Arizona, In Banc.

June 29, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Mary Z. Chandler, Asst. Atty. Gen., Phoenix, for appellee.

Wood, Platt & Jenson, by Dennis D. Jenson, Collidge, for appellant.

CAMERON, Vice Chief Justice.

This is an appeal from a jury verdict and judgment of guilt to the crime of second degree murder, §§ 13-451, 452 and 453 A.R.S.

We are called upon to answer two questions on appeal:

1. Was it error for the trial court to fail to hold a hearing outside of the presence of the jury to determine if the in-court identification of the defendant was tainted by an out-of-court identification three to four hours after...

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