Parker v. State

This is an appeal from a conviction for First Degree Burglary, Acts 1941, ch. 148, § 4, being Burns Ind. Stat. Ann. § 10-701 (a) in a trial by jury in the Allen Circuit Court. Appellant’s sole contention is that the witness, Janet Man-gona’s identification of appellant was illegal because appellant did not have counsel present at the identification. The pertinent facts are as follows:

On November 4, 1967, at approximately 1:30 a.m. the witness, Janet Mangona was returning to the apartment she shared with her parents on the second floor at 2101 Brooklyn Avenue, Fort Wayne, Indiana. As she…