State v. Royal

*521BRITT, Justice.

Defendant contends that the trial court erred in failing to suppress the photographic identification of him by Mr. and Mrs. Nelson Smith on the ground that the procedure was unduly suggestive. This contention is without merit.

Four or five days after the incident at the Smith home, Officer J. S. Flowers, a Special Investigator with the Wayne County Sheriff’s Department, went to the Smith’s place of business in Mount Olive. While there he produced five photographs, each one of which portrayed black men in casual dress and settings. Officer Flowers asked Mr. Smith if he could…