Commonwealth v. Lee

Opinion by

Hoeeman, J.,

In this appeal, appellant attacks his conviction which was based upon a post-United States v. Wade, 388 U.S. 218 (1967), identification by the prosecuting witness.

Appellant was charged with the holdup of a retail store. At trial, the manager of the store testified that two men held him up at 11:30 at night. At 2:00 a.m. the manager was brought to the police station where the police had assembled five persons, four men and a woman in a hearing room. On direct examination the manager stated that the police “asked me if I wanted to identify two of them. So I went in and I…