Porter v. State

PIVARNIK, Justice.

Defendant-appellant James S. Porter was charged with rape, Ind.Code § 35-13-4-3 (Burns 1975), in Elkhart Superior Court No. I. He was found guilty as charged by a jury on July 12,1978, and was sentenced by the court on August 10, 1978, to a term of eighteen years. Appellant raises two issues for our consideration: (1) whether the trial court erred in permitting the victim’s testimony concerning out-of-court identifications of the appellant-defendant, in spite of the use of impermissibly suggestive identification procedures; and (2) whether the trial court erred in admitting…