Proctor v. State

Bruñe, C. J.,

delivered the opinion of the Court.

The appellant, Proctor, was indicted along with two others, Swann and Carle, on charges of assault with a deadly weapon with intent to rob, of assault with intent to rob and simple assault and battery. Each offense was charged in a separate count in the indictment and they were set forth in the order stated. Proctor was found not guilty on the first count, but guilty on the second and was sentenced to ten years’ imprisonment. On this appeal he raises two questions growing out of an extrajudicial identification of himself. He claims that…