People v. Wilson

On Rehearing

Danhof, C.J.

We granted the defendant’s application for rehearing in this case to consider whether our original opinion incorrectly suggests that in an appeal from a criminal trial the prosecution is without responsibility to preserve its trial exhibits and to produce them for review in this Court.

At issue is an exhibit consisting of a stack of nine "mug shots” from which the victim selected the defendant’s photograph in a pretrial identification procedure. The procedure and the victim’s in-court identification of the defendant were presented at trial without protest. The defendant…