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STATE v. JOHNSON

261 Wis. 77 (1952)

STATE, Respondent, vs. JOHNSON, Appellant.

Supreme Court of Wisconsin.

February 5, 1952.

Attorney(s) appearing for the Case

For the appellant there was a brief by Doar & Knowles of New Richmond, and E. Nelton of Balsam Lake, and oral argument by John Doar, W. T. Doar, Jr., and Warren P. Knowles III.

For the respondent there was a brief by the Attorney General and William A. Platz, assistant attorney general, and oral argument by Mr. Platz.

MARTIN, J.

The first question presented upon appeal is whether there was ample evidence of identification of the defendant to sustain the jury verdict.

Veloyce Espe made a positive identification of the defendant. She was asked, "Who was in the car?" and, over objection, answered, "James Johnson." Again, over objection, she replied that she was sure it was James Johnson.

Counsel contends that Veloyce Espe could not have had the opportunity to so observe...

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