461 So. 2d 15 | Ala. Crim. App. | 1984
George Joseph Thomas was indicted and convicted for receiving stolen property in the second degree. He was sentenced as a habitual offender to fifteen years' imprisonment. The only issue on appeal concerns the propriety of allowing a police officer to testify over objection that Eddie Watson identified Thomas in a police lineup.
Eddie Watson worked at Max's Pawn Shop in Montgomery. On January 4, 1983, three individuals pawned two stolen television sets. Watson identified "someone" in a police lineup as being one of those three people. At trial, Watson did not make an in-court identification of Thomas nor did he testify that he identified Thomas in the lineup.
Over the objection of defense counsel, Montgomery Police Officers Steve Eiland *16 and Jeff Grimsley were allowed to testify that Watson identified Thomas in a lineup.
"The general rule is that evidence by a third party of an extrajudicial identification is admissible in rebuttal of testimony tending to impeach or discredit the identifying witness, or to rebut a charge, imputation or inference of falsity." Aaron v. State,
A law enforcement officer may testify that he observed a witness identify the accused in a lineup. "The fact that a third person observed another identify the defendant is `an independent fact to which the witness (officer) . . . could testify just as to any other fact.' Key v. State,
However, the officers' testimony was only admissible under the circumstances described in Seals,
The judgment of the circuit court is reversed and this cause is remanded.
REVERSED AND REMANDED.
All Judges concur.