Opinion
No. 52996.
December 5, 1972.
In re: William Brooks applying for writs of habeas corpus, certiorari, prohibition, mandamus.
Application denied; the showing made does not justify the exercise of our jurisdiction.
BARHAM, J., is of the opinion that an evidentiary hearing is required to inquire into the constitutionality of the line up identification.
TATE, J., concurs in Barham, J.'s opinion. Aside from the lack of counsel, petitioner alleges other facts which, if true, may have led to an irreparably suggestive pre-indictment identification.