State v. Montieth

PARKER, Judge.

On the afternoon of 1 December 1973 Olin McAllister, operator of a country store in Cherokee County, N.- C., was *499robbed by a man carrying a high-powered rifle. A few hours later defendant was arrested at his home in Georgia and was charged with the robbery. About 9:00 p.m. on the same date he was placed in a lineup with three other men at the police station in McCaysville, Georgia. Defendant did not have counsel at the time and had not been advised of his right to counsel or of any other rights. At the lineup McAllister identified defendant as the robber. At defendant’s trial on…