Smith v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted of Armed Robbery, Ind.Code § 35-42-5-1 (Burns 1979) and sentenced to twenty (20) years imprisonment. This direct appeal raises two issues:(1) Whether the trial court erred in admitting into evidence State’s Exhibits 1 and 2, a police file photograph and a photograph of a police “line up” both of which depicted the defendant.(2) Whether the trial court erred in denying Defendant’s motion for an overnight recess of the trial, predicated upon the absence of witnesses.

ISSUE I

Over objection the trial court admitted State’s Exhibit 1, an array…