State v. Hurt

At the outset it should be noted that the alleged illegal confrontation came before the indictment of March 18, 1969.

*88Although some courts have restricted United States v. Wade (1967), 388 U. S. 218, and Gilbert v. California (1967), 388 U. S. 263, to post-indictment confrontations, as in People v. Palmer (1969), 41 Ill. 2d 571, 244 N. E. 2d 173, we adopt the view expressed in State v. Isaacs (1970), 24 Ohio App. 2d 115, 117: “. . . the better view, the one most responsive to the reasoning in the Wade and Gilbert cases . . . is that the Wade and Gilbert rules extend to any lineup conducted…