Foster v. State

Banke, Judge.

The appellant was indicted for armed robbery and was convicted of robbery by intimidation as a lesser included offense. Three eyewitnesses testified against him: the victim and two bystanders. Neither of the bystanders had been asked to identify the appellant during the four months between the date of the offense and the date of trial, despite the fact that the appellant was in custody for three of those months. However, shortly before the trial commenced, the state’s attorney asked both witnesses to identify the assailant from among a group of criminal defendants seated in the…