State v. Caplan

POMEROY, Justice.

Nearly ten years after the Wade 1 Gilbert 2 Stovall 3 trilogy, we are still having “out-of-court” “in-court” identification problems raised before us.

This case comes to us on appeal from judgment of conviction entered upon a jury verdict of guilty on an indictment charging the appellant with the crime of assault and battery of a high and aggravated nature (17 M.R.S.A. 201).

We deny the appeal.

The story commences, as the complainant relates it, on May 12, 1974, at about 7:30 o’clock in the evening. She was walking on Congress Street in Portland, intending to turn onto Exchange…