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Lawskills.com Georgia Caselaw
JOHNSON v. THE STATE.
58877.
SMITH, Judge.
Armed robbery. Carroll Superior Court. Before Judge Knight.
Appellant contends that an in-court identification of appellant requires a reversal of his conviction because (1) he was not furnished counsel at a pretrial lineup and (2) the lineup was impermissibly suggestive. We affirm.
1. Although the lineup was held subsequent to appellant's arrest, it was nonetheless a preindictment lineup. "There is no constitutional right to counsel at a pre-indictment lineup. Kirby v. Illinois, 406 U. S. 682 (92 SC 1877, 32 LE2d 411) (1972); Fields v. State, 232 Ga. 723 (1) (208 SE2d 822) (1974); Brand v. Wofford, 230 Ga. 750 (1) (199 SE2d 231) (1973)." Mitchell v. State, 236 Ga. 251, 255 (223 SE2d 650) (1976).
2. We cannot accept appellant's contention that the lineup was suggestive. However, even assuming the lineup was suggestive, we find no substantial likelihood of misidentification under the facts and circumstances of this case.
Under the facts and circumstances of this case, there was no substantial likelihood of misidentification. The trial court did not err in permitting the in-court identification.
William F. Lee, Jr., District Attorney, Michael G. Kam, Marc E. Acree, Assistant District Attorneys, for appellee.
Thomas E. Greer, for appellant.
SUBMITTED NOVEMBER 19, 1979 -- DECIDED FEBRUARY 11, 1980.
Friday May 22 00:46 EDT


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