Legal Opinion

State v. Davis

Court of Appeals of North Carolina

Decided July 11, 1978No. 7820SC128Published

1Opinion of the Court

MITCHELL, Judge.

The defendant first assigns as error the failure of the trial court to exclude the in-court identification of the defendant by the witness Blalock. This assignment is without merit.

*175Upon timely objection by the defendant, the trial court conducted a voir dire to determine the admissibility of the witness’ identification of the defendant. Based upon competent evidence, the trial court found the witness had ample opportunity to observe the defendant at close range in well-lighted circumstances with nothing obstructing her view or covering the defendant’s face. The trial court…

2Cases cited10 opinions

  1. State v. Marshall Norman HicksSupreme Court of North Carolina · 1954
  2. State v. TuggleSupreme Court of North Carolina · 1974
  3. State v. McMorrisSupreme Court of North Carolina · 1976
  4. State v. ElliottSupreme Court of North Carolina · 1967
  5. State v. RhinehartSupreme Court of North Carolina · 1966

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