Asber v. State

HERRMANN, Justice.

In this appeal from a conviction of robbery, the defendant contends that the manner of his confrontation and identification by the prosecuting witness constituted a denial of due process.

The State adduced evidence establishing the following facts:

Mrs. Eloise Moorehead, operator of a motel, was robbed on January 17, 1967. A man entered the motel office shortly before midnight and threatened her with a gun. He was not masked. He demanded and was given the money in the cash drawer. At that point, Mrs. Moorehead said that she felt faint and told the robber that she had a heart…