State v. Daniels

BRITT, Justice.

We find no merit in any of defendant’s assignments of error in the armed robbery case. However, we conclude that the trial court erred in denying defendant’s motion to dismiss the murder charge because of insufficiency of evidence.

Defendant contends first that the trial court erred in denying his motoin to suppress any identification of him by Jones, the alleged victim of, and Driggers, an eyewitness to the alleged armed robbery. We reject this contention.

The alleged robbery took place on 26 February 1978. On 24 July 1978 defendant filed a motion asking the court to suppress…