Legal Opinion
Fogg v. Commonwealth
Supreme Court of Virginia
Decided March 4, 1968No. Record 6715, 6716, 6717Published
1Opinion of the Court 1
208 Va. 541 (1968)
BERNARD ROSS FOGG
v.
COMMONWEALTH OF VIRGINIA.
Record Nos. 6715, 6716, 6717.
Supreme Court of Virginia.
March 4, 1968.
Present, All the Justices.
1. Prosecuting witness, unable to identify defendant from photographs, made positive identification at preliminary hearing and at trial. Another witness placed defendant at scene of crime. Defendant's own testimony placed him in vicinity. Since testimony of prosecutrix accepted by trial court and not incredible it is conclusive on appeal. Police lineup identification not required.
2. No proof in record in trial court of discrimination in…
Also in this document: Opinion of the Court · Eggleston.
2Cases cited10 opinions
- Stovall v. DennoSupreme Court of the United States · 1967
- Hart v. CommonwealthSupreme Court of Virginia · 1921
- Sims v. BalkcomSupreme Court of Georgia · 1964
- Fogg v. CommonwealthSupreme Court of Virginia · 1968
- State v. GambleSupreme Court of South Carolina · 1967
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