Clempson v. State

Banke, Judge.

The defendant was convicted of armed robbery. He now appeals the denial of his motion for new trial.

1. The defendant alleges that the trial judge committed reversible error in denying his pre-trial motion to suppress identification testimony. The victim of the robbery identified the defendant in a showup approximately four hours after the robbery. The showup was conducted at night outside a service station where the defendant and four co-suspects were being held by police. The victim positively identified the defendant from his position in the back seat of a police car, the…