Preston R. Griff v. C. J. Fitzharris, Superintendent, California Adult Authority
Opinion
Opinion
In January 1968, a man resembling Preston Griff purchased two suits and paid for them with two checks which were later returned for insufficient funds in violation of California Penal Code, § 476a(a). The primary issue at trial was identification of Griff as the person who cashed the checks.
A handwriting expert testified that Griff’s signature matched the signatures on the forged checks. In addition, the prosecutor called six witnesses for the purpose of personally identifying Griff. However, because he had shaved his mustache, lightened his hair and lost considerable weight since the date of the crime, Griff was identified at trial by only one eye-witness, Mrs. Marvin.
On cross-examination, Mrs. Marvin revealed that she had previously identified Griff at the preliminary hearing. Prior to the hearing, Mrs. Marvin walked into the courtroom, pointed to Griff and said to another witness, “That is the man, isn’t it?”
Each of the other eye-witnesses was shown a photograph of Griff taken immediately after his arrest and asked if the person in the photograph was the man who cashed the checks. Each responded that he was.