State v. Wilson

HUSKINS, Justice.

Defendant moved to suppress his in-court identification by the prosecuting witness on the ground that its exclusion is required by the due process clause of the Federal Constitution. Denial of this motion constitutes defendant’s first assignment of error.

It is proper to note at this point that G.S. 15A-974(1), pursuant to which defendant’s motion is purportedly filed, mandates the suppression of evidence only when the evidence sought to be suppressed is obtained in violation of defendant’s constitutional rights. Such is not the case here. Defendant candidly concedes in ,his…