Carpenter v. State

Denfendant-appellant Milton Homer Carpenter appeals from a conviction of first degree burglary following trial by court. The issues presented for review are:

1. Whether the trial court erred in overruling appellant’s motion to suppress testimony of a witness relating to identification of the appellant, the asserted grounds therefore being an impermissibly suggestive pre-trial photographic identification procedure.

2. Whether appellant’s conviction is supported by sufficient evidence.

The facts relevant to the issues on appeal are as follows:

On the morning of November 16, 1972, Stanley McNew…