Mize v. State

Ernie E. Wright, Chief Judge.

The Appellant, Donald G. Mize, was convicted by a jury of battery in the first degree in violation of Ark. Stat. Ann. § 41-1601 and sentenced to five years imprisonment. From the judgment of conviction he brings this appeal urging for reversal, that the court erred in denying appellant a hearing upon his motion to suppress the in-court identification of appellant.

Trial date had been set for June 26, 1979. Ón June 21, 1979 appellant filed a motion to suppress testimony by State’s witnesses identifying the appellant contending the identification resulted from a…