STATE v. MARTIN

No. 8121SC75.

280 S.E.2d 775 (1981)

STATE of North Carolina v. Steve Allen MARTIN.

Court of Appeals of North Carolina.

August 4, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Barry S. McNeill, Raleigh, for the State.

Appellate Defender Project for N. C. by Asst. Appellate Defender Marc D. Towler, Raleigh, for defendant-appellant.


WELLS, Judge.

In his first argument, defendant contends that the trial court erred in failing to instruct the jury ex mero motu that:

(A) It must find that the identification testimony of prosecuting witnesses Holley and Watson was entirely the product of their recollection of the offender at the time of the offense and did not result from photos shown them by investigating officer Charles; and

(B) In considering the credibility of Holley, the...

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