Is there any case law supporting the mistaken identity defense?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gubelman, 571 F.2d 1252 (2nd Cir. 1978):

11 See State v. Bock, 229 Minn. 449, 39 N.W.2d 887 (1949); cf. II Wigmore On Evidence 304, at 205 (3d ed. 1940) (indicating that evidence that other meat inspectors were accepting bribes during the same time period might be probative on a mistaken identity defense).

12 We do not agree with out dissenting brother that only unique signature crimes are admissible under the rubric of identity. See 2 Weinstein's Evidence P 404(09), at 404-55 to -67 (1976). Nor did we so rule or imply in United States v. Benedetto, supra, 571 F.2d at 1246. Indeed, we there held that the other crimes and the crimes charged did not evidence a unique scheme or pattern ("signature") but specifically refrained from deciding whether the other crimes evidence was nonetheless admissible on the issue of identity.

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