Daniels v. State

Bell, Chief Judge.

The defendant was convicted of theft by taking. On appeal he raises two issues: (1) The denial of his motion to suppress the in-court identification testimony of two witnesses for the state; and (2) Whether the evidence authorized the conviction.

The evidence at the suppression hearing and at trial shows that an individual identified as the defendant entered a rural grocery store, made a purchase, and left. The store was lighted with fluorescent lights. Thirty minutes later, the defendant returned and asked to purchase more merchandise. While the store owner was obtaining the…