State v. Smith

HEDRICK, Judge.

By his first assignment of error the defendant contends that the trial court erred in denying his motion for a voir dire hearing as to the legality of the prosecuting witness’ in-court identification of the defendant. Although the better practice dictates “that the trial judge, even upon a general objection only, should conduct a voir dire in the absence of the jury, find facts, and thereupon determine the admissibility of in-court identification testimony . . . [f] ailure to conduct the voir dire . . . does not necessarily render such evidence incompetent.” State v. Stepney,…