Bunk v. State

SWANN, Judge.

Thomas Bunk appeals from his judgment and sentence rendered after a jury found him guilty of rape.

His sole point of reversal is that the court erred in refusing to grant his motion for an opportunity to proffer testimony and evidence, outside the jury’s presence, to show that his identification by the prosecutrix was irreversibly prejudiced and tainted by unconstitutional police identification practices. He attempted to do this after the jury had been sworn in and excused for that day.

He argues that he should have been permitted to follow this procedure under the rules pronounced…