State v. Jackson

BRANCH, Chief Justice.

We consider defendant’s first and third assignments of error together since they raise related procedural and constitutional issues.

By this assignment of error, defendant initially contends that the trial judge erred in his motion to dismiss based on the State’s failure to conduct the lineup as ordered by the district court on 15 August 1978. Defendant argues that the failure to hold the lineup at this time violated his statutory right to request that nontestimonial procedures be conducted. 1

The State maintains that the voluntary dismissal of the case on 17 August 1978…