State v. Padilla

OPINION OF THE COURT BY

KIDWELL, J.

Defendant appeals from a judgment of conviction of rob bery in the first degree. The questions presented by the appeal are: whether the pretrial use of a photographic identification procedure fatally tainted an in-court identification; whether a charge of robbery with a dangerous instrument, based upon use of a firearm, required proof that the weapon was capable of being fired; whether certain arguments made to the jury by the prosecutor constituted impermissible comments on defendant’s failure to take the stand; whether, after defendant’s counsel had…