State v. Arnold

GUNN, Judge.

Defendant Royce Arnold appeals his conviction and five year sentence for stealing from a dwelling house. Defendant maintains that an in-court identification of defendant by a prosecution witness was based on an unduly suggestive lineup and was therefore improper. We disagree and affirm the conviction.

The State’s key witness to the crime was Kenneth Churchill. Mr. Churchill testified that in midmorning he observed the defendant, who was wearing a dark brown jacket and trousers similar to those worn by a service station attendant, park his car across the street from Mr. Churchill’s…