State v. Tuggle

BOBBITT, Chief Justice.

Defendant’s first and second assignments of error relate to the admission over his objection of the identification testimony of Kiser and Smith. He contends their testimony was tainted by impermissible pre-trial identification procedures and should have been excluded.

Before admitting the challenged testimony, the court conducted a voir dire hearing. Evidential facts and the court’s findings will be set forth below.

Defendant contends the in-court identification testimony of Kiser and of Smith was tainted because defendant was not represented by counsel when Kiser and…