State v. Morris

HUSKINS, Justice.

Defendant’s first assignment of error is based on the contention that his in-court identification by the witness Rohrer was tainted by a pretrial photographic identification. He argues that the findings and conclusions of the trial judge to the contrary are erroneous and that his motion to suppress the in-court identification should have been allowed.

In Simmons v. United States, 390 U.S. 377, 19 L. Ed. 2d 1247, 88 S.Ct. 967 (1968), identification by photograph was expressly approved and the Court held that “each case must be considered on its own facts, and that convictions…