Di Carlo v. United States

HOUGH, Circuit Judge

(concurring). I concur, but consider that on one point the court’s opinion does not go far enough. Identification is often a continuing process, and when a witness in court has identified an accused, by every rule of reason previous identification at divers times and under diverse circumstances should constitute legitimate corroboration of such identifying evidence. In just the same manner would evidence of previous failure to identify be legitimate opposing evidence. There is no decision of the Supreme Court to the contrary of this, and I think we should go this far.