Johnson v. State

Defendant (Appellant) was convicted of first degree burglary in a trial to the court and was sentenced to imprisonment for not less than ten nor more than twenty years and disfranchised. The alleged errors complained of relate to the sufficiency of the evidence and the identification procedures employed, which procedures the defendant contends were suggestive, tainted and not subject to cross examination. We shall review these questions in inverse order.

Mrs. Overbay, a resident of the burglarized premises, observed the defendant leave her residence, run past her, get into his car and, after…