(DOWNLOAD) "Willie E. Drake v. State Indiana" by Third District Court of Appeals of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Willie E. Drake v. State Indiana
- Author : Third District Court of Appeals of Indiana
- Release Date : January 12, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
of the defendant by the robbery victim was overruled, following a hearing upon such motion, two months prior to the trial. At the trial, no objection was interposed either to the witness in-trial identification of the defendant as the person who robbed him or to evidence of the line-up identification. Accordingly, the issue is not properly subject to review. Stowers v. State, (1977) 266 Ind. 403, 363 N.E.2d 978; Pointon v. State, (1978) 267 Ind. 624, 372 N.E.2d 1159. We have, nevertheless, reviewed the record upon this issue, and we find no substantial likelihood that the defendant was misidentified. It is the defendants contention that he had been marked for identification by improper police conduct. Four days after the robbery, the witness viewed a photographic display which contained the defendants photograph. He made no identification on that occasion but did hesitate and ponder the defendants photograph, saying that it resembled one of his assailants but that he would have to see him in person to be sure. One week later, while going to an identification line-up, the police officer told him that the photograph which had raised a question in his mind was of the defendant, naming him, and that he was a suspect in another armed robbery. When the line-up was presented, the witness identified the defendant without equivocation and said that he was not personally acquainted with him but had seen him around the community on numerous occasions during the last two years.
 "Willie E. Drake v. State Indiana" by Third District Court of Appeals of Indiana # eBook PDF Kindle ePub Free){kind=link}