Miller v. State

McMurray, Presiding Judge.

The defendant was indicted, tried and convicted of two counts of armed robbery in taking sums of money from two bailees of a bank by intimidation and by use of a pistol, an offensive weapon. He was sentenced to serve 18 years concurrently as to each count. Defendant’s motion for new trial was thereafter denied, and he appeals. Held:

The first enumeration of error is that the trial court erred in admitting the in-court identification of defendant at trial for reasons of undue suggestiveness and prejudice. The reliability of any identification procedure requires the…