Futch v. State

Sognier, Judge.

Eugene Futch was convicted of burglary and he appeals.

Appellant’s sole enumeration contends error in the admission of witness Marilyn Clements’ in-court identification of appellant, which appellant asserts should have been excluded because it was tainted by a suggestive pre-trial photo spread. The record of the hearing on appellant’s motion to suppress Clements’ identification of appellant reveals that Clements was shown a six photo lineup consisting of middle-aged white males, all balding and all with glasses. Two of the photos depicted men (appellant in photo no. 5 and…