Marsh v. State

PIVARNIK, Justice.

Defendant-Appellant Dean R. Marsh was found guilty by a jury in the Allen Circuit Court of Class B felony robbery, Ind.Code § 35-42-5-1 (Burns 1985 Repl.). He subsequently was sentenced by the trial judge to a term of twenty years. The sole issue presented for our consideration in this direct appeal is whether the trial court erred by admitting a witness's in-court identification of Marsh.

The facts tend to show that on January 27, 1988, Defendant and William Neumann robbed an employee of a restaurant in Fort Wayne. The employee was never able to identify the robber and…