State v. Haskins

BRANCH, Justice.

Defendant assigns as error the failure of the trial judge to suppress the evidence of identification by the witness James Evans, Jr.

The State offered evidence of James Evans, Jr., which tended to show that on the night of 21 March 1970 he was employed as a service station attendant at a station located on Murchison Road in Fayetteville, North Carolina. He was working alone, and at about 9:30 p.m. he noticed defendant standing on the edge of the road about 30 feet from him. The telephone located at the refreshment stand on the premises rang while he was waiting on a customer.…