Simos v. State

The issue presented on review is whether the trial court erred in admitting the lineup and in-court identifications of the defendant.

The seventy-two year old victim, Mrs. Pearl Gappa, testified that on the evening of December 11, 1973, she observed a man, whom she recognized as having repaired her chimney a few months earlier, on the front porch of her house indicating that he was going around to the back door. As she unlocked the back door, he came in, grabbed her arm, dragged her through the kitchen and living room and into the bedroom, and robbed her. While the defendant was committing the…