State v. Nunes

(Pro Tempore).

The defendant was convicted by a jury of the crime of assault and robbery being armed with a dangerous weapon. The three assignments of error are all based upon the out-of-court identification of the defendant by the victim. The first assignment of error is that:

“The court erred in allowing the State to inform the jury in opening statement that the identifying witness had made extrajudicial identification of the defendant and that a third party (police officer) was a witness to the identification.”

The second is that:

“The court erred in overruling defense counsel’s objection to…