(DOWNLOAD) "North Carolina v. Phelps" by Court of Appeals of North Carolina No. 731SC251 * Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Phelps
- Author : Court of Appeals of North Carolina No. 731SC251
- Release Date : January 11, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Defendant assigns as error the allowance of the in-court identification of defendant by the prosecution witness, William Z. Burrus. Witness Burrus first identified defendant at a lineup prior to trial. Defendant contends, on appeal, for the first time, that the lineup as conducted was so impermissibly suggestive as to give rise to a substantial likelihood of irreparable misidentification. He argues that the record is void of any evidence that defendant was advised of his right to have an attorney present at the lineup or that he had waived this right to counsel at the lineup. Defendant also argues that the in-court identification by Burrus was tainted by the improprieties of the lineup and should not have been allowed.