Byrd v. State

Banke, Chief Judge.

Following a non-jury trial, the defendant was found guilty of armed robbery and aggravated assault. On appeal, he contends that the evidence does not support the verdict and that the court erroneously allowed him to be identified in court by two witnesses who had allegedly been influenced by improper pre-trial identification procedures.

The robbery victim testified that the defendant had held a gun to her head and made off with $1,900 from her husband’s liquor store. She identified him positively, stating that she had the opportunity to observe him at close range for several…