From Casetext: Smarter Legal Research

Wise v. State

Supreme Court of Nevada
Mar 25, 1976
92 Nev. 181 (Nev. 1976)

Summary

declining to reverse a conviction for insufficient evidence based on "the 'inherent unreliability of eyewitness identification'"

Summary of this case from State v. F. A. (In re F. A.)

Opinion

No. 8547

March 25, 1976

Appeal from the Eighth Judicial District Court, Clark County; Howard W. Babcock, J.

Morgan D. Harris, Public Defender, and Stephen L. Huffaker, Deputy, Clark County, for Appellant.

Robert List, Attorney General, Carson City; George E. Holt, District Attorney, and Rene Arceneaux, Deputy, Clark County, for Respondent.


OPINION


Reggi Wise was convicted, by jury verdict, of robbery and sentenced to a term of ten (10) years in the Nevada State Prison. Sentence was suspended and Wise was placed on probation for a period of four (4) years. In this appeal Wise contends we should reverse his conviction because (1) he did not receive a fair trial; and, (2) there was insufficient evidence to support the jury verdict. We reject both contentions.

1. In support of the contention that his right to a fair trial was abridged Wise argues the prosecution "purposely" withheld a portion of its "case in chief" which was subsequently introduced in the "guise" of rebuttal testimony. The record establishes the challenged testimony was introduced to show Wise had been in the Golden Nugget Casino immediately after the robbery, a fact he had denied when testifying in his own defense. In this posture, admission of the testimony during rebuttal was permissible. Hilt v. State, 91 Nev. 654, 541 P.2d 645 (1975). See also, Goldsby v. United States, 160 U.S. 70 (1895).

Wise also suggests it was improper for the prosecuting attorney to identify him to witnesses, as he entered the courtroom. This action was not deemed sufficiently prejudicial to warrant an objection when it occurred; therefore, we decline to consider it on appeal. Walker v. State, 89 Nev. 568, 516 P.2d 739 (1973).

2. In support of his challenge to the sufficiency of evidence to support the verdict, Wise suggests we should reverse because of the "inherent unreliability of eyewitness identification." This novel argument finds no support in this record. During trial Wise was positively identified by two witnesses as the individual who committed the charged robbery. The weight and credibility of the identifying witnesses, testimony is solely within the province of the jury. Azbill v. State, 88 Nev. 240, 495 P.2d 1064 (1972); King v. State, 87 Nev. 537, 490 P.2d 1054 (1971).

The ancillary contention that the in court identification was tainted, because Wise was confronted by a prosecution witness immediately after the robbery, is equally without merit. See Moss v. State, 88 Nev. 19, 492 P.2d 1307 (1972). Cf. Riley v. State, 86 Nev. 244, 468 P.2d 11 (1970).

Affirmed.


Summaries of

Wise v. State

Supreme Court of Nevada
Mar 25, 1976
92 Nev. 181 (Nev. 1976)

declining to reverse a conviction for insufficient evidence based on "the 'inherent unreliability of eyewitness identification'"

Summary of this case from State v. F. A. (In re F. A.)
Case details for

Wise v. State

Case Details

Full title:REGGI WISE, APPELLANT, v. THE STATE OF NEVADA, RESPONDENT

Court:Supreme Court of Nevada

Date published: Mar 25, 1976

Citations

92 Nev. 181 (Nev. 1976)
547 P.2d 314

Citing Cases

L.B. v. State (In re L.B.)

The weight and credibility of eyewitness and conflicting testimony is solely within the province of the…

Donko v. State

It is well established in this State that it is the function of the jury to weigh the credibility of the…