Section 60.25. §s of evidence; identification by means of previous recognition, in absence of present identification  


Latest version.
  • 1.  In any criminal proceeding in which the defendant's commission  of
      an  offense is in issue, testimony as provided in subdivision two may be
      given by a witness when:
        (a)  Such witness testifies that:
        (i)  He observed the person claimed by the people to be the  defendant
      either  at  the  time and place of the commission of the offense or upon
      some other occasion relevant to the case; and
        (ii)   On a  subsequent  occasion  he  observed,  under  circumstances
      consistent  with  such  rights as an accused person may derive under the
      constitution of this state or of the United States,  a  person  whom  he
      recognized  as  the  same  person  whom  he had observed on the first or
      incriminating occasion; and
        (iii)   He is unable at the proceeding  to  state,  on  the  basis  of
      present  recollection,  whether  or  not  the defendant is the person in
      question; and
        (b)  It is established that the defendant is in fact the  person  whom
      the  witness  observed and recognized on the second occasion.  Such fact
      may be established by testimony of another person or persons to whom the
      witness promptly declared his recognition on such occasion.
        2.  Under circumstances prescribed in subdivision  one,  such  witness
      may  testify at the criminal proceeding that the person whom he observed
      and recognized on the  second  occasion  is  the  same  person  whom  he
      observed  on  the  first  or  incriminating  occasion.   Such testimony,
      together with the evidence that the defendant is in fact the person whom
      the witness observed and recognized on the second occasion,  constitutes
      evidence in chief.