State v. Haynes

A jury found defendant guilty of robbery and of using a firearm in commission of a felony. He asserts through counsel appointed on appeal that (1) testimony identifying him in a police lineup violated his right to counsel, and (2) newly discovered evidence entitled him to a new trial.

The New Tower Motel in Omaha was robbed shortly after 2:30 a.m., September 4, 1969, by four Negro males. The motel desk clerk, Carl Lundberg, testified as follows: Defendant had produced a pistol which he had pointed at Lundberg’s head 2 feet away. He and a companion next removed $385 from the cash register, a…