People v. Rogers

Defendant was found guilty under a charge of robbery in the first degree. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

Appellant insists that the testimony of the witness Hansen was insufficient to show an identification of appellant as the individual who committed the alleged robbery. It is said that the witness claimed to identify appellant by means of a gray coat which the latter wore at the time of the commission of the offense, but that while on cross-examination the witness was shown to have no fámiliarity with the appearance of the coat. Hansen, however, did not identify appellant by the coat alone, for the following appears in a portion of the record quoted in appellant’s brief: “Q. [By counsel for defendant]: And the cap which the defendant had on his head was pulled down how far? A. Well, right above his eyes. Q. You could obtain then, could you, a clear view of his face ? A. I could. . . . Q. That [by means of the coat and cap] is the only way you could identify him? A. No, sir. . . . Q. Well, what other way could you identify the defendant? A. By his features.” It is true that two impeaching…