State v. Gatling

Within four hours after the victim was beaten and robbed, defendants were apprehended and brought to the county jail. The victim, already there, promptly recognized defendants and identified them as his assailants. He so testified at the trial and over objection made an in-court identification of the robbers. Defendants contend this violated their constitutional right under the Sixth and Fourteenth Amendments to the presence of counsel at such a “pretrial confrontation.” Admission of this evidence is assigned as error, defendants relying on United States v. Wade, 388 U.S. 218, 18 L. ed 2d…