State v. Johnson

The first question presented upon appeal is whether there was ample evidence of identification of the defendant to sustain the jury verdict.

Veloyce Espe made a positive identification of the defendant. She was asked, “Who was in the car?” and, over objection, answered, “James Johnson.” Again, over objection, she replied that she was sure it was James Johnson.

Counsel contends that Veloyce Espe could not have had the opportunity to so observe her assailant as to identify him. The assault took place late at night; she was blinded by the lights of the car; she ran from him; she struggled with…