State v. Sidbury

BECTON, Judge.

I

The issues on appeal concern whether certain of the trial court’s statements and conduct constituted an impermissible expression of an opinion, and whether evidence that defendant refused to participate in a lineup was erroneously admitted. For the following reasons, we hold that defendant is entitled to a new trial.

II

The State’s evidence tended to show that on the night of 16 September 1981, the Family Inns of America motel was robbed of $259.00 by a black male armed with a handgun. The motel clerk on duty identified the defendant as the robber. About the time of the robbery,…