State v. Darby

HAYS, Justice.

Jack Darby was charged and convicted by a jury of robbery, a felony under A.R.S. § 13-641. He appeals his conviction contending the trial court erred in failing to suppress the in-court identification testimony of two witnesses who had identified the defendant at a “tainted” police lineup, and in refusing to give certain instructions requested by the defense.

About 2:00 a. m. on the morning of September 11, 1967, Darby and another subject, both of whom answered the descriptions of the two men who had minutes before robbed a coffee shop at Central and Osborn Avenues in Phoenix,…