Ohio Supreme Court July 5, 1972, No. 71-696 (State v. Sheardon)

BeowN, J.

We reverse the Court of Appeals.

The issue before this court is whether the pre-indictment identification procedure employed by the police in the absence of counsel requires that the victims’ in-court identification of defendant be excluded from the evidence.

In Kirby v. Illinois (decided June 7, 1972), U. S.