People v. Berne, 384 Ill. 334 - 1943

Many cases affirm the police practice of informing the witness that they have apprehended the culprit after which the witness identifies such person, viewed alone.

No matter how artificial or rigged the show up is, the courts are disposed to deal with it in terms of weight rather than admissibility.

The Court concluded in the Berne case: "That such an instruction is erroneous has been consistently followed since the rule was first announced..... It is thoroughly established it is reversible error to give instructions which tell the jury it may consider proof of guilt established beyond reasonable doubt if the jury believes the material allegations in the indictment have been …

The fact that Miss Petties' brother-in-law informed her that they had the man who attacked her, prior to her identification of him at the hospital, goes only to the weight of the identification, not to its competency.

Yet, in a nation less 12 At the time of the petitioner's trial, category of capital cases in which "death [is] the preferred penalty."

The remaining question, one which the State was obliged to prove beyond a reasonable doubt, was whether the defendant, acting either alone or in concert with others, committed those offenses

The giving of such an instruction, however, has been held not to constitute reversible error where other instructions given in the case define the essential elements of the crime with which the defendant is charged.

[BOOK] Criminal evidence

[CITATION] The Supreme Court of the United States: Hearings and Reports on Successful …

[PDF] Introduction/Exclusionary Rule/Arrest/Identifications/Confessions …

[BOOK] Criminal evidence for police

[CITATION] Color Me Justice