Conyers v. United States

KELLY, Associate Judge:

The claims in this appeal from a conviction of first-degree burglary 1 are that the trial court erred (1) in admitting the eyewitness testimony of the complainant and (2) in allowing the prosecutor to comment on the absence from trial of certain defense alibi witnesses. We affirm.

Trial testimony is that on the night of June 30, 1972, twelve-year-old Carrine Fisher, who was babysitting for the two small children of Mrs. Antoinelle Louise Motley in the latter’s first floor apartment, put the children to bed and later went to sleep herself in the same bedroom. Although the…