Brown v. State

Plaintiff in error seeks a new trial in the interest of justice under sec. 251.09, Stats. He contends that (1) there is an inconsistency between eyewitnesses’ testimony concerning the physical appearance of the robber that gathered the money and their identification of Brown as that robber; (2) prior to their identifications of Brown in a lineup after his arrest and again at the trial, witnesses were shown pictures under such circumstances as to suggest that this identification was induced by the pictures, and (3) the state failed to produce as witnesses all those who had an opportunity to…