State v. Cannito

A jury found defendants guilty of robbery. Chief complaints on appeal concern admission of items into evidence. The items are (1) in-court identifications by witnesses in spite of thejr previous observations of defendants while defendants, were in custody and without counsel, and (2) pistols seized in an unreasonable search, the court having applied the impeachment exception to the, exclusionary rules of search and seizure.

The identifications in question are found in testimony of Larry Arnold and Rodney Bundy, employees of a Safeway store in Kearney, Nebraska. Reliability of the…