Fisher v. State

The defendant was indicted and convicted for robbery in the first degree in violation of Section 13A-8-41, Code of Alabama 1975. Sentence was twenty years' imprisonment. Two issues are presented on appeal.

I

The defendant argues that the trial court erred in overruling his motion to exclude the victim's pretrial identification of the defendant made during a lineup when the defendant was not represented by counsel.

On direct examination, the victim positively identified the defendant as the robber. He testified, also without objection, that the next time he saw the defendant was at a lineup at…