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McCALL v. U.S.

No. 89-1298.

596 A.2d 948 (1991)

David M. McCALL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 30, 1991.

Attorney(s) appearing for the Case

Barbara R. Miller, Washington, D.C., appointed by this court, for appellant.

Carolyn K. Kolben, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher, Thomas C. Black, and Daniel Friedman, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before STEADMAN and SCHWELB, Associate Judges, and KERN, Senior Judge.

KERN, Senior Judge:

This is an appeal from a judgment of conviction for assault entered after a jury trial. It presents for our determination whether the trial court, under the particular circumstances, committed reversible error by permitting an eyewitness to the crime, who was never shown prior to trial a photo array or line-up of suspects, to identify appellant in court as one of the several assailants of the victim.1 We affirm.

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