People v. Bailey

Louis Bailey appeals from his armed robbery1 conviction. The defendant’s sole *275objection on appeal concerns the trial testimony of a Muskegon police officer. To understand defendant’s objection it is necessary to recount the eyewitness testimony of the robbery’s victim, vis., a clerk at the Muskegon grocery store in which the robbery occurred.

The clerk identified the defendant at a pretrial lineup and at trial as one of the five armed bandits who robbed the store. The clerk’s identification of Bailey at the lineup was somewhat less than positive.2 The clerk was positive, however, in her…