State v. Billinger

BRITT, Judge.

In his first assignment of error defendant contends that the in-court identification of him given by the witness Long was tainted by an illegal out-of-court viewing of the defendant by the witness, therefore, was inadmissible. Suffice to say we have carefully considered this contention and the authorities cited by defendant in support thereof but conclude that it is without merit. The assignment of error is overruled.

In his second assignment of error defendant challenges the correctness of the following instruction of the trial judge to the jury:

“I am allowing the defendant’s…