State v. Emery

HARRIS, Justice.

Defendant was convicted of robbery with aggravation in violation of §§ 711.1 and 711.2, The Code. His appeal raises questions of speedy indictment, on-the-scene identification in absence of counsel, and claimed prosecutorial misconduct. We affirm.

Earl Leroy Emery (defendant) was arrested March 20, 1974 following an armed holdup of a Des Moines grocery store by two masked gunmen. Ernest Hoopes drove by the store at the time, returning home from church with his son. His son first noticed the robbery taking place. Hoopes stopped the car and also observed it. He saw a third man…