State v. Arbuthnot

367 So. 2d 296 (1979)

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State v. Arbuthnot

Louisiana Supreme Court
367 So. 2d 296 (1979)

Facts

The State of Louisiana (plaintiff) charged Donald Arbuthnot and Norman Williams (defendants) with the armed robbery of Larry Tedley. Tedley testified at trial and identified Williams as one of the robbers. Only one other person, Mrs. Silver, also allegedly saw Williams participate in the robbery. However, the state did not call Silver to testify at trial. Instead, the state called a police officer to testify that Silver had identified Williams’s photograph as a photograph of the robber. The defense objected to the officer’s testimony on hearsay grounds, but the trial court overruled the objection and allowed the testimony. The jury convicted Arbuthnot and Williams of armed robbery, and they appealed.

Rule of Law

Issue

Holding and Reasoning (Tate, J.)

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