State v. Williams

Neely, Justice:

This appeal arises from a conviction of armed robbery under W.Va. Code, 61-2-12 [1961]. The appellant, Ronnie Williams, assigns as error: the admission into evidence of a suggestive out-of-court identification; the refusal to admit hearsay testimony of another person’s confession to the crime; the denial of appellant’s motion for a new trial based on newly discovered evidence; and, the procedure used for jury selection which resulted in an all white jury. We agree with appellant that the out-of-court identification was not sufficiently reliable to be admissible and that another…