How have the courts dealt with in-court identification in a criminal case?

On appeal from denial of his writ of habeas corpus in district court, petitioner raises three issues. First, he maintains that because pretrial identification was by photographs rather than by a lineup procedure, the in-court identification of the petitioner should have been suppressed as impermissibly suggestive under Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968). Second, he maintains that it was reversible error for the court to permit testimony of a police officer which indicated that a photograph of the petitioner identified by the victim showed a booking number and thus suggested to the jury a prior felony record. Finally, petitioner maintains that the guilty verdict was not supported by the evidence.

Appellant contends that the in-court identification by the victim was error because it was tainted by impermissibly suggestive photographic identification. The test is a measurement by the totality of the circumstances. Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967). The state court, applying the correct test, found no impermissible suggestion in the handling of the photographic evidence. Our own examination finds none and we cannot sustain the assertion of error.