State v. Commeau

McKUSICK, Chief Justice.

Defendant Robert Commeau appeals from the judgment of conviction entered in Superior Court after a Penobscot County jury found him guilty of robbery, 17 — A M.R.S.A. § 651 (Supp.1979). He bases his appeal on the ground that the presiding justice erred in admitting evidence of an out-of-court identification by the only prosecution witness who identified defendant as being connected to the crime. Because we find that the State failed at the suppression hearing to show the reliability of the identification by clear and convincing evidence, we sustain the appeal.

At the…