Nature of the Case
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Facts
Hodges (D) was charged with a one count indictment of possession of a stolen check from the mail with knowledge that it was stolen. D had taken the check to a number of places to get it cashed but was refused. The last vendor, D approached sold him a child's bike then alerted the police. D was arrested, and the case came down to an eyewitness identification by the three merchants. At trial, the court refused to give an identification instruction. D wanted the instruction because there was a 15-month delay between the crime and in court identifications, a show up line up had been used when D was arrested and two of the witnesses were not able to I.D. D immediately before the trial with the picture that showed what D looked like on the day of the alleged crime. D was convicted and appealed.
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