Justia Federal District Court Opinions

Appellant was convicted of robbery. 22 D.C.CODE 2901 (1961). His primary contention on appeal relates to the sufficiency of the evidence. We have examined the entire record. We conclude that there is sufficient evidence to support the jury finding of guilty.

Appellant also contends that it was plain error for the court to admit evidence of the complaining witness' extra-judicial identification of appellant. The complaining witness testified, on direct examination, that he had identified the appellant during a police lineup held several days after the robbery. A police officer who was present during the lineup also testified, on direct examination, to the identification made by the complaining witness.

In some jurisdictions, evidence of an extra-judicial identification is inadmissible, except when the circumstances would justify admitting any prior consistent statement made by a witness.¹ Other authorities suggest that such evidence may be admitted more freely.² In prior cases we have not reached the question of admissibility of such evidence but held merely that its admission in the circumstances of those cases did not prejudice the defendant. Williams v. United States, 119 U.S.App.D.C. , 338 F.2d 530 (1964); Baber v. United States, 116 U.S.App.D.C. 358, 324 F.2d 390 (1963), cert. denied, 376 U.S. 972, 84 S.Ct. 1139, 12 L.Ed.2d 86 (1964); Harrod v. United States, 58 App.D.C. 254, 29 F.2d 454 (1928); Leeper v. United States, 117 U.S.App.D.C. 310, 329 F.2d 878, cert. denied, 377 U.S. 959, 84 S.Ct. 1641, 12 L.Ed.2d 502 (1964).

In this case, the evidence was admitted without objection by defense counsel. In the circumstances of this case, we find no 'plain errors or defects affecting substantial rights.' Rule 52(b), FED.R.CRIM.P.

Affirmed.