Henry v. Commonwealth

Eddie B. Henry, whom a jury found guilty of robbery, appeals from a conviction order sentencing him to ten years in the penitentiary. Two questions raised by defense counsel merit discussion: (1) Was a pistol introduced in evidence obtained by an unlawful search and seizure? (2) Were the pretrial identifications of Henry made under circumstances so prejudicial to him as to violate due process?

The robbery occurred on February 10, 1967 in a grocery store owned by Joseph Fulcher at 2301 Venable Street in the City of Rich mond. Shortly after Fulcher had opened for business, the assailant, later…