Section 10.20 Before Confrontation

• Library: Criminal Practice 2012 Supp

b. (§10.20) Before Confrontation

An identification of the defendant in his hospital bed was held not suggestive when the witness picked the defendant’s picture from mug shots in route to the hospital and was told the defendant’s name and cause of hospitalization (gunshot wounds) before the confrontation. State v. Overstreet, 551 S.W.2d 621 (Mo. banc 1977).

The fact that the defendant’s photograph was shown in a photograph array before a live lineup was not suggestive, and it was within the province...