State v. Carroll

Judge EAGLES

dissenting.

I respectfully dissent. The majority deals with each asserted error separately, each independent of the others.

It is correct that two photographic showups of six persons each in which defendant was the only one appearing in both is not sufficient standing alone to conclude that the identification was impermissibly suggestive. State v. Leggett, 305 N.C. 213, 287 S.E. 2d 832 (1982); State v. Battle, 61 N.C. App. 87, 300 S.E. 2d 276 (1983).

It is also true that the defendant’s photograph, presented in a different manner, i.e., one view of defendant versus two views of each…