State v. Hicks

The defendant waived a jury trial in this prosecution for robbery and was found guilty by the court. The sole contention on appeal is that the denial of the defendant’s constitutional right to have counsel present at a police lineup, in which he was identified by the principal witness against him, tainted the prosecution’s case against him to the extent that his conviction cannot stand.

It is conceded by the prosecutor that the defendant was not advised of his right to have counsel present at the lineup. However, the prosecutor urges that the denial of this right resulted in no prejudice to…