State v. Jackson

The basic question raised by this appeal is whether exhibition of the suspect’s photograph to a witness immediately prior to the line-up so tainted the witness’s subsequent in-court identification as to render it inadmissible.

It must be noted at the outset that appellant’s counsel was present at the line-up, and no objection is made to the composition of the line-up itself. The sole question is whether exhibition of the appellant’s photograph to Grunden so influenced his identification as to render it inadmissible.

It is appellant’s position that even though he was represented by counsel, the…