James v. State

Sognier, Judge.

James was convicted of armed robbery. He appeals (1) on the general grounds; (2) contends the trial court erred in its preliminary instructions by implying that appellant had the burden of proving his innocence; and (3) contends the trial court erred by denying his motion to suppress evidence of the pretrial lineup and in-court identification of the accused.

On the evening of August 9,1979 Richard Smith accepted a ride from two males at Fort Stewart, who offered to take him to a nightclub. Instead, the men rode down a deserted back road, forced Smith out of the car at…