State v. Hart

Gregory, Chief Justice:

This case is before us on a writ of certiorari to review the Court of Appeals’ decision reported at — S.C. —, 403 S.E. (2d) 144 (1991). We reverse and remand for a new trial.

Petitioner was convicted of armed robbery and unlawful use of a firearm. At trial, the only contested issue was identity. The victim identified petitioner from a photo lineup and also gave an in-court identification. Evidence at trial, however, indicated the physical description of the suspect given by the victim immediately following the robbery did not match petitioner’s physical characteristics…