State v. Hannah

BRANCH, Chief Justice.

By his first assignment of error, defendant challenges the witness Donald Killian’s in-court identification testimony. He contends that the circumstances under which the witness observed the person on Section House Road were conducive to misidentification. He further argues that a pretrial photographic identification procedure and a pretrial in-court confrontation were so impermissibly suggestive as to taint the witness’s identification testimony at trial and to render inadmissible any evidence as to the photographic identification and the pretrial in-court confrontation.