Berry v. State

Woody Berry, the appellant, was charged in two separate indictments with receiving a stolen automobile and with receiving three stolen firearms. After a jury trial, he was convicted of two offenses: receiving stolen property in the first degree and receiving stolen property in the second degree. He was sentenced as a habitual offender to life imprisonment, and to 15 years' imprisonment, respectively. On this appeal from those convictions, the appellant raises three issues.

I

The appellant claims that his in-court identification by State's witness Wayne Kimsey was tainted by an impermissibly…