Lowe v. State

Clark, Judge.

This appeal presents two questions: (1) Was the identification in open court of the defendant as being the culprit valid? (2) Was the cross examination over objection of defendant concerning his failure previously to disclose his whereabouts on the evening of the offense prejudicial to the extent of requiring a new trial? Since there was no taint of "impermissible suggestion” as to the identification (even though it occurred during the trial), the first question is answered in the affirmative. Similarly, the second question must be answered in the affirmative under the facts here…