State v. Bevineau, 38035
| Decision Date | 17 May 1977 |
| Docket Number | No. 38035,38035 |
| Citation | State v. Bevineau, 552 S.W.2d 67 (Mo. App. 1977) |
| Parties | STATE of Missouri, Respondent, v. John R. BEVINEAU, Appellant. . Louis District, Division One |
| Court | Missouri Court of Appeals |
Robert C. Babione, Public Defender, Christelle Adelman-Adler, Asst. Public Defender, St. Louis, for appellant.
John D. Ashcroft, Atty. Gen., Preston Dean, Philip M. Koppe, Asst. Attys. Gen., Jefferson City, Geo. A. Peach, Circuit Atty., Evelyn M. Baker, Asst. Circuit Atty., St. Louis, for respondent.
A jury found defendant John Bevineau guilty of first degree robbery of T. J. Coe and the trial court sentenced him as a second offender to 20 years' imprisonment. Defendant appeals, contending error in denying his motion to suppress the victim's in-court identification.
Sufficiency of the state's evidence is not challenged. Victim Coe, a Californian, visited St. Louis and asked defendant for directions. Defendant walked along the street with Coe and met three friends. Suddenly Coe was struck from behind, felled, robbed and hospitalized. Three police officers identified defendant as the man they saw taking objects from Coe's pockets, then running off; later defendant was apprehended in possession of Coe's camera.
Clearly, defendant was trebly identified as the robber. His appellate challenge is leveled at the single identification by victim Coe, that being based on his pre-robbery observation and in the courtroom a year later. Coe's identification was equivocal. He declined to make what he called an "absolute rigid identification" because he had not seen defendant for a year, but Coe added that defendant was "very similar" to one of the robbers. When asked point-blank if defendant was one of the robbers, Coe answered, "I think so, yes."
Defendant now relies on cases precluding in-court identification tainted by impermissibly...
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State v. Bivens
...to the certainty of the identification affect only the credibility of the witnesses' testimony and not the admissibility. State v. Bevineau, 552 S.W.2d 67 (Mo.App.1977); State v. Davis, 529 S.W.2d 10 (Mo.App.1975). Such factors are, however, relevant in determining whether the witnesses' in......
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State v. Jones
...credibility of the witnesses' testimony and not its admissibility. State v. Bivens, 558 S.W.2d 296, 298-99 (Mo.App.1977); State v. Bevineau, 552 S.W.2d 67 (Mo.App.1977). Judgment CRANDALL, P.J., and CRIST, J., concur. 1 In 1975, Rule 27.20(a) required the motion be filed within 10 days inst......
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State v. Miller
...affect the weight, not admissibility, of his testimony. State v. Bivens, 558 S.W.2d 296, 298-99 (Mo.App.1977); State v. Bevineau, 552 S.W.2d 67 (Mo.App.1977). The trial court did not err in overruling defendant's motion to Although his point does not complain of the identification testimony......
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State v. Clay, s. 55945
...affects the weight, not the admissibility of the testimony. State v. McGrath, 603 S.W.2d 518, 521 (Mo.1980). See also, State v. Bevineau, 552 S.W.2d 67 (Mo.App.1977). Accordingly, we conclude the trial court did not err in admitting the identification testimony of the In his amended Rule 29......