California, United States of America
The following excerpt is from People v. Houston, F067414 (Cal. App. 2015):
of identity and lack of positiveness in testimony are matters which go to the weight of the evidence and the credibility of the witnesses, and are for the observation and consideration, and directed solely to the attention of the jury in the first instance. . . .'" (People v. Mohamed (2011) 201 Cal.App.4th 515, 522.) For a reviewing court to set aside a jury's finding of guilt on the basis of a questionable identification, "'the evidence of identity must be so weak as to constitute practically no evidence at all.'" (Id. at p. 521.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.