Opinion
3 Div. 91.
June 1, 1971.
Appeal from the Circuit Court, Montgomery County, Eugene W. Carter, J.
William P. Haney, Jr., Montgomery, for appellant.
Where there is ample time to conduct a pretrial lineup, and no compelling urgency to omit one, it is a denial of due process to show a suspect singly to a victim. United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149; Stovall v. Deno, 380 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199; Biggers v. Tennessee, 340 U.S. 404, 88 S.Ct. 979, 19 L.Ed.2d 1267.
William J. Baxley, Atty. Gen., and John A. Yung, IV, Asst. Atty. Gen., for the State.
Admission of in-court identification of accused based on a source independent of the pretrial identification is not constitutional error. United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149; Robinson v. State, 45 Ala. App. 236, 228 So.2d 850; Pruitt v. State, 46 Ala. App. 491, 243 So.2d 763, Id., 286 Ala. 737, 243 So.2d 766.
Second degree forgery: sentence, two years.
This case is controlled by Hamilton v. State, 46 Ala. App. 128, 238 So.2d 925. Also on the record sent up to us the in court identification was not sufficiently independent to overcome the use of the confrontation of the defendant without counsel at the Montgomery City Jail in breach of Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199, decided June 12, 1967. The confrontation occurred sometime after October 30, 1969 — well after the date of June 12, 1967.
The judgment below is reversed and the cause remanded.
Reversed and remanded.