The following excerpt is from U.S. v. Higginbotham, 539 F.2d 17 (9th Cir. 1976):
Even the use of an identification procedure, utilizing a single photograph, does not necessarily interject prejudice with respect to whether pretrial identification procedure necessarily affected trial identification. United States v. Baxter, 492 F.2d 150, 151, 172 (CA9 1973), cert. denied416 U.S. 940, 94 S.Ct. 1945, 40 L.Ed.2d 292 (1974). In circumstances such as these, the evaluation of the probative value of each of the witness' identification testimony is an issue for the jury. United States v. Valdivia, 492 F.2d 199, at 210. We conclude that in these circumstances the verdict of the jury on these issues is binding on appellant.
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