Cox v. State

OPINION

Before BOOCHEVER, Chief Justice, and RABINOWITZ, CONNOR and BURKE, Justices. RABINOWITZ, Justice.

After trial by jury Francis Cox was found guilty of the crime of assault with intent to rape.1 Subsequent to his indictment but prior to trial, Cox moved to suppress an anticipated in-court identification by a witness, Jonathan Ramey, on the ground that it was prejudicially tainted. That motion was denied, and the case proceeded to trial. Mistaken identity and alibi were Cox’s main defenses. Shortly after the jury retired to commence their deliberations, they requested a playback of the…