McGhee v. State

TYSON, Judge.

The appellant was indicted for grand larceny, and following jury trial and verdict of guilty as charged, judgment fixed punishment at two years imprisonment in the penitentiary.

Appellant’s counsel filed pretrial motion to suppress or exclude the testimony of Mrs. Sandra Stone whose in-court identification, appellant contends, was impermissibly tainted by the out-of-court showing of photographs on the date of the alleged larceny. Such photographic identification is averred to be so suggestive as to constitute a violation of due process of law.

In support of this motion, the…