State v. Horton

LOCKWOOD, Justice:

Percy Horton was charged with one count of robbery and one count of assault with a deadly weapon. Prior to trial he moved to suppress any in-court identification made by the victim. The trial court ruled that identification made at the actual lineup would be suppressed but the in-court identification was admissible. Upon trial the jury returned a verdict against the defendant on both counts as charged.

On April 19, 1970, at approximately 2:00 to 2:30 in the morning James Busby was in the vicinity of 18th Street and Van Burén making a long distancé phone call when a man, later…