Paige v. State

McNULTY, Judge.

The sole question in this case is whether the mandate of the United States Supreme Court in United States v. Wade,1 relating to a lineup identification as it may affect the in-court identification, is applicable. The lineup herein occurred on the twentieth day of February, 1967 and the decision in Wade, supra, was handed down on June 12, 1967. The trial hereof occurred thereafter. Under the chronology above, the case is controlled by Stovall v. Denno,2 decided on the same day as Wade, in which the United States Supreme Court expressly held that Wade affects “ * * * only * * *…