Legal Opinion

State v. Phifer

Court of Appeals of North Carolina

Decided December 20, 1972No. 7220SC751PublishedCited by 2 opinions

1Opinion of the Court

HEDRICK, Judge.

Defendant’s first, second and third assignments of error challenge Little’s in-court identification of defendant as the perpetrator of the crime charged.

When the defendant objected to the testimony of Little’s identification of the defendant as the person he saw and spoke *103to in his den, the trial judge followed the procedure prescribed by Chief Justice Bobbitt in State v. Accor and State v. Moore, 277 N.C. 65, 175 S.E. 2d 583 (1970) by conducting a voir dire hearing in the absence of the jury, where, after hearing the testimony of Little, Deputy Sheriff Harward, and the…

2Cases cited6 opinions

  1. State v. AccorSupreme Court of North Carolina · 1970
  2. State v. BlackwellSupreme Court of North Carolina · 1970
  3. State v. McVaySupreme Court of North Carolina · 1971
  4. State v. Troy McNeill.Supreme Court of North Carolina · 1948
  5. State v. PowellCourt of Appeals of North Carolina · 1971

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. BrewerCourt of Appeals of North Carolina · 1974
  2. State v. PenlandCourt of Appeals of North Carolina · 1973

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