State v. Wingard

HEDRICK, Judge.

The appellant assigns as error the court’s allowing the in-court identification of the defendant by the State’s only witness, Barbara R. Jones. The appellant contends that the in-court identification of the defendant by the witness was tainted by an out-of-court confrontation. After a voir dire examination of the witness, the court made the following findings of fact and conclusion of law:

“That Mrs. Barbara Jones observed the man who hit Robert Gainey for a period of about ten minutes while such man was in the store during the time the robbery occurred; that she told the police…