Missouri Court of Appeals, 1974

State v. Turner

State v. Turner
Missouri Court of Appeals · Decided February 4, 1974 · Dixon, Shangler, Wasserstrom
506 S.W.2d 64; 1974 Mo. App. LEXIS 1560 (South Western Reporter, Second Series)

State v. Turner

Opinion of the Court

PER CURIAM:

From a jury-waived conviction for robbery in the first degree and a sentence of seven years comes this appeal. Appellant’s only point is that the showing of a single photograph to the victim of the crime was so prejudicial an identification procedure as to have tainted her in-court identification, and thereby, deprived appellant of his rights to due process of law.

This contention must be rejected as the record reveals an independent basis for the in-court identification, and nothing inherently suggestive in the showing of the single photograph. No prejudice has been disclosed from the pre-trial identification procedures; therefore, the victim’s in-court identification was valid. State v. Parker, 458 S.W.2d 241 (Mo. 1970); State v. McIntosh, 492 S.W.2d 843 (Mo. 1973).

*65No error appearing, the judgment is affirmed. An opinion in this case would have no precedential value. Rule 84.16(b), V.A.M.R.

Judgment affirmed.

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