State v. Sheardon

We reverse the Court of Appeals.

The issue before this court is whether the pre-indictment identification procedure employed by the police in the absence of counsel requires that the victims’ in-court identification of defendant be excluded from the evidence.

In Kirby v. Illinois (decided June 7, 1972), U. S. , the Supreme Court refused to extend the per se exclusionary rule established in United States v. Wade (1967), 388 U. S. 218, and Gilbert v. California (1967), 388 U. S. 263 (as to identification testimony based upon post-indictment lineups conducted without notice to, and in the absence…