State v. Pomeroy

The opinion of the court was delivered by

Mason, j.:

The defendant appeals from a conviction on the charge of larceny of an automobile.

The state’s case turned largely upon the identification of the defendant by a witness who testified to seeing him (with another person) take the car, which the owner had parked on the north side of Seventh street between Kansas avenue and Jackson street, in Topeka. The defendant urges that at the time referred to — between 7:30 and 7:40 p. m., December 23, 1922 — there was not sufficient light at the place in question for a positive recognition of the defendant…