Walker v. State

Quillian, Judge.

The defendant appeals his conviction for burglary. Held:

1. It is contended that the defendant’s identification by two witnesses was impermissibly tainted by an illegal show-up identification.

No objection was interposed in the trial court with regard to the error now urged. Moreover, the showup was not unnecessarily suggestive nor was there a likelihood of misidentification. See Neil v. Biggers, 409 U. S. 188 (93 SC 375, 34 LE2d 401). The showup was an on the scene confrontation conducted as soon as possible after the offense. It occurred five minutes after the witnesses saw…