Facts: Accused was charged and prosecuted for robbery with homicide as guilty beyond reasonable doubt. Defense assails the court decision contending the constitutional rights of the accused were violated for subjecting them to a police line up at the hospital where they were identified by the victims without the presence of their counsel and without any warrant.
Held: Although the accused were arrested without a warrant such defect was cured during the proceeding when the defense failed to object on the issue during the initial proceedings before the court. Having failed to assail the issue beforehand the accused is estopped to assail the validity of their arrest as they further voluntarily submitted their self before the court by entering the plea of not guilty instead of moving to quash the information before the court on ground of an invalid arrest. It is also held that any identification of an uncounseled accused made in a police line-up is inadmissible. HOWEVER, the prosecution did not present evidence regarding appellant’s identification at the line-up. The witnesses identified the accused again in open court. Also, accused did not object to the in-court identification as being tainted by illegal line-up. The witnesses and victims positively identified the accused thereby further affirming the guilt of the accused beyond reasonable doubt. SC affirmed the decision of the lower court.
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