People v. Knox

We are of the opinion that the identity of the defendant was not established beyond a reasonable doubt, and that the verdict on that point is against the weight of the evidence. Dr. Goldberg’s identification, weakened by the gross misdescription which he gave to the police immediately after the hold-up, coupled *124with, the uncertain identification by the witness Green, is not sufficient to warrant the verdict of the jury in view of the testimony given by the defendant and the five witnesses who testified on his behalf.

The judgment of conviction should be reversed and a new trial granted.

It may…