State v. Lang

CAMERON, Justice.

This is an appeal from the conviction of Earl John Lang, Jr., on two counts of armed robbery (§§ 13-641 and 13-643 A.R.S.) and two counts of assault with a deadly weapon (§ 13-249 A.R.S.).

We are called upon to decide whether:

1. the pre-arrest photo identification of the defendant was unduly suggestive,

2. if so, did it taint the in-court identification, and

3. was it harmless error.

The facts necessary to decide the question presented are as follows. The two victims, Mr. Vernon Burt and Mr. Arthur Sparks, were Alabama' truck drivers laid over in Phoenix, Arizona. On the evening…