Creamer v. State

Nichols, Justice.

The first contention to be dealt with is that the in-court identification should be excluded be cause of prior identification which violated the defendant’s rights under the sixth amendment to the United States Constitution.

As to the identification by the witness Tomascheschi (the wrecker driver), the record shows that a line-up was conducted which included a total of six or seven persons and while the defendant was represented by counsel. It also shows that pictures, including one of the defendant, were shown to the witness after indictment and before the above referred to…