Smith v. State
221 So. 2d 216 | Fla. Dist. Ct. App. | 1969
The only question presented on this appeal is the sufficiency of the evidence as to the identity of the defendant-appellant. It is clear that where positive identification is made by one having an opportunity to observe the crime, an appellate court will not substitute its judgment as to the sufficiency of the identification. See Wright v. State, Fla.App.1966, 182 So.2d 264, and authorities cited therein.
Affirmed.