People v. Flippo

Defendant was charged with breaking and entering a dwelling house with the intent to commit larceny in violation of MCLA 750.110; MSA 28.305. He was convicted by a jury in the county of Lenawee, on November 13, 1974, 1 and was sentenced by the Honorable Rex B. Martin, to 30 days in the county jail and 5 years on probation. The defendant appeals by right.

Defendant raises three issues: 1. that a pre-custody photographic line-up without counsel was improper after the investigation had focused on defendant; 2. that the in-court identification did not have an independent basis from the photo…