STATE v. McNAIR

No. 8316SC1190.

319 S.E.2d 299 (1984)

STATE of North Carolina v. Hosea Levern McNAIR.

Court of Appeals of North Carolina.

September 4, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Kaye R. Webb, Raleigh, for the State.

Gary Lynn Locklear, Lumberton, for defendant, appellant.


HEDRICK, Judge.

Defendant brings forward and argues two assignments of error. First he contends that the court erred in admitting into evidence the in-court identification of the defendant, arguing that the identification was "tainted" by an impermissibly suggestive out-of-court identification.

The record shows that Mrs. Alford, the prosecuting witness, provided police with a description of her assailant, and that within a few hours the police returned to...

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