United States Court of Appeals for the Second Circuit
565 F.2d 1248 (2d Cir. 1977)
Frank Tillman Lewis (defendant) was charged with armed bank robbery and conspiracy. Before trial, Norma Sharpe identified Lewis as the robber from an array of photographs. At trial, Sharpe could not identify Lewis in the courtroom. However, over Lewis’s objection, the prosecution showed Sharpe the photographs and she testified that she had previously identified Lewis. She then, once again, picked Lewis’s picture out of the array of photographs. Lewis was convicted. He appealed, arguing, among other things, that Rule 801(d)(1)(C) of the Federal Rules of Evidence applied to corporeal, but not photographic identifications.
Rule of Law
Holding and Reasoning (Feinberg, J.)
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