Ely v. State

Banke, Presiding Judge.

Martin Ely was convicted of child molestation and solicitation of sodomy. On appeal, he contends that testimony concerning his identification at a pre-trial photographic lineup was erroneously admitted over the objection that it was somehow tainted by the witness’ subsequent opportunity to observe him in the courtroom prior to trial. He also contends that his in-court identification by the witness should not have been allowed.

The testimony of the witness in question, a 10-year-old girl, was offered to prove a similar transaction not charged in the indictment. It was…