United States v. Melvin Telfaire

469 F.2d 552, 152 U.S. App. D.C. 146, 1972 U.S. App. LEXIS 8925
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 19, 1972
Docket24688
StatusPublished
Cited by477 cases

This text of 469 F.2d 552 (United States v. Melvin Telfaire) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Melvin Telfaire, 469 F.2d 552, 152 U.S. App. D.C. 146, 1972 U.S. App. LEXIS 8925 (D.C. Cir. 1972).

Opinions

PER CURIAM:

Appellant was found guilty of robbery, D.C.Code § 22-2901, and sentenced under the Youth Corrections Act. On this appeal it is contended the judge erred (1) in sending the case to the jury on the uncorroborated testimony of a single witness; (2) in failing to initiate a special instruction on identification even in the absence of request by defense counsel, and (3) in failing to give an instruction on the absence of flight. We affirm.

I.

Anglo-American jurisprudence has accepted the “one witness” rule, declining to follow the rule of the canon and civil law requiring a greater number of witnesses or corroboration,1 with exceptions requiring corroboration for particular crimes, notably “sex” offenses, where the urge to fantacize or motive to fabricate makes the risk of unjust conviction high.2

The one witness rule recognizes that certain crimes are solitary, and as to such crimes both the deterrence of punishment and the rehabilitation of offenders are proper concerns of the state. Moreover, Anglo-American jurisprudence — with its strong presumption of innocence, and adversary system — has safeguards which dilute the danger of conviction of the innocent, a problem that concerns every civilized system of justice.

With retention of the one-witness rule, which is plainly applicable to the crime of robbery,3 the evidence in this case — set forth in the footnote4[555]*555while having some weak spots, is sufficient to preclude us from finding an abuse of discretion on the part of the trial judge in sending the case to the jury.5

II.

The presumption of innocence that safeguards the common law system must be a premise that is realized in instruction and not merely a promise. In pursuance of that objective, we have pointed out the importance of and need for a special instruction on the key issue of identification, which emphasizes to the jury the need for finding that the circumstances of the identification are convincing beyond a reasonable doubt. This need was voiced in 1942 in McKenzie v. United States6 and it has been given vitality in our opinions of recent years — -following the Supreme Court’s 1966 Wade-Gilbert-Stovall trilogy7 focusing on the very real danger of mistaken identification as a threat to justice. We refer to our post-Wade opinions in Gregory 8 and Macklin.

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Bluebook (online)
469 F.2d 552, 152 U.S. App. D.C. 146, 1972 U.S. App. LEXIS 8925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-melvin-telfaire-cadc-1972.