State v. Montgomery

GUNN, Judge.

Defendant appeals his first degree robbery conviction. He assigns as error the admission of identification testimony and oral and written incriminating statements made by him. The defendant also attacks the court’s refusal to allow him to inquire into the availability of other persons to participate in lineup procedures while allowing the State to comment on the lineup. He also challenges the trial court’s refusal to allow his counsel to comment on police failure to process the robbery weapon for fingerprints. We affirm.

On a summer mid-afternoon, 75 year old Mrs. Isabelle Boggs…