State v. Kearney

Ott, J. †

Walter Robert Kearney was convicted of the crime of indecent liberties upon the person of a 12-year-old boy. From entry of the judgment and sentence based upon the jury’s verdict, Mr. Kearney has appealed.

Appellant assigns error to the introduction into evidence of the lineup and in-court identification of appellant as being tainted by prior photographic identification procedure and thus violative of his right to due process of law.

The trial judge, in the absence of the jury, conducted a hearing to determine the admissibility of the identification evidence. At the hearing it was…