(DOWNLOAD) "North Carolina v. Brackett" by Court of Appeals of North Carolina No. 777SC881 * eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Brackett
- Author : Court of Appeals of North Carolina No. 777SC881
- Release Date : January 04, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Defendant's first contention is that Judge Martin erred in finding that the in-court identification of defendant by Mrs. Grady E. Smith, the victim of the attempted armed robbery, was based solely on her observations of defendant on the day of the crime and was not tainted or influenced by a series of photographs shown to her by investigating officer, Deputy Tom Moore. This contention, by implication, also challenges the finding by Judge Martin that there was nothing in the earlier photographic showing ""so impermissibly suggestive as to taint Mrs. Smith's in-court identification."" Since a voir dire hearing was held to determine the propriety of admitting identification testimony, the findings of Judge Martin are conclusive on appeal if they are supported by competent evidence in the record. State v. Tuggle, 284 N.C. 515, 201 S.E.2d 884 (1974).