State v. Baxter

This case comes before us as an interlocutory appeal by the State from the trial court’s order suppressing a pretrial voice identification as suggestive and unreliable. We affirm.

Viewing the evidence in the light most favorable to the prevailing party, State v. Cline, 139 Vt. 451, 453, 430 A.2d 455, 457 (1981), we find the record reveals the following facts. During the evening of November 5, 1982, a masked man entered the house of Mrs. Irene Arel in St. Albans and robbed her at gunpoint. Afterward, the elderly woman telephoned the police and described the robber as about 5'8", wearing a dark…