Legal Opinion · Dissent

Richard G. Riser v. Harley O. Teets, Warden of the California State Prison at San Quentin

Court of Appeals for the Ninth Circuit

Decided April 22, 1958No. 15639Published

1DissentPope, Circuit Judge

As appears from the decision of the California court, the determination of appellant’s guilt or innocence turned upon the question whether he was properly identified as the man who did the shooting. This was the principal question for determination by the jury. The California decision also shows that the witnesses who identified appellant as the man who did the killing made statements in writing immediately after the homicides. That these statements were in existence, and in the possession of the prosecution or the police, and that they were inconsistent with the witnesses’ testimony was…

2Cases cited20 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. Roviaro v. United StatesSupreme Court of the United States · 1957
  3. Brown v. AllenSupreme Court of the United States · 1953
  4. In Re OliverSupreme Court of the United States · 1948
  5. Bram v. United StatesSupreme Court of the United States · 1897

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