Oakley v. State

Appellant Greg Lewis Oakley was indicted for assault with intent to murder, and subsequently convicted of assault and battery by a jury. Appellant was sentenced to six months' hard labor and fined $500, plus costs. The major argument advanced on appeal is that the in-court identification of appellant by the victim of the assault was tainted by the use of impermissibly suggestive out-of-court identification procedures. We agree.

At approximately 6 a.m. on July 19, 1979, the twelve-year-old victim, also the State's primary witness, Sheree Aneese McCain, went to swimming practice at the…