Foster v. State

MADDOX, Justice.

Petitioner, Eddie Lee Foster, was convicted of rape, robbery, kidnapping, and sodomy. We find the statement of facts contained in the opinion of the Court of Criminal Appeals to be correct, and we here adopt it as our own. See, Foster v. State, 548 So.2d 475 (Ala.Crim.App.1987).

In his petition Foster raises three issues, all of which were raised in the court below: first, Foster contends that the pretrial identification procedures used in this case were unnecessarily suggestive; second, he contends that the victim’s “uncertainty” as to the identity of her attacker warranted a…