Smart v. State

The appellant was informed against, tried before the court and found and adjudged guilty of robbery and sentenced to confinement for a period of five years. The contention presented on his appeal is that the court committed reversible error in denying his motion to strike the testimony of the victim, relating to identity of the defendant, because he was picked by the victim out of a line-up at which he was not advised of a right to have counsel present, and was without counsel.

The defendant relies on United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed. 2d 1149, which espoused the…