Harris v. State

HERRMANN, Chief Justice:

Defendant appeals his conviction of second degree robbery (11 Del.C. § 831) and felonious theft (11 Del.C. § 841) on the ground that evidence of his pre-trial “show-up” identification by the victim was tainted by an unnecessarily suggestive confrontation, resulting in denial of due process of law. 1

I

At approximately 10:00 p. m. on the night in question, a sandwich shop was robbed by a lone man. After entering the shop and ordering a sandwich, he placed his left hand in a paper bag and announced to Laura Ridler, one of the two girls on duty:. “This is a stick-up. Give…