Sawyer v. State

This case comes to us on appeal from the Lake Criminal Court, Honorable Vernon Sigler, Commissioner. Appellant was convicted of the offense of robbery (IC 1971, 35-13-5-6, being Burns § 10-4101) and sentenced to the Indiana Reformatory for not less than ten nor more than twenty-five years. He appeals on two grounds: (1) That the trial court erred in not sustaining his motion to strike witness Clifford Fry’s in-court identification of appellant because Fry had been present at a photographic display which was both suggestive in nature and conducted without the presence of appellant’s counsel…