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Prosecution of D for assault and battery on V. V was attacked in a dimly lit alley late one night, with the perpetrator jumping V
- Prosecution of D for assault and battery on V. V was attacked in a dimly lit alley late one night, with the perpetrator jumping V from behind. A struggle ensued, during which V got a glimpse of the perpetrator. The day after the assault, while V was recuperating in the hospital from serious head injuries, he described his attacker to Police officer, as a white male between 25 and 35, medium height, with long brown hair. Police officer then showed V some photographs of men generally meeting the description V gave. V picked D's photograph out of this group. At trial, V testifies generally about the crime, but is unable to provide much detail because, he claims, he remembers little. V remembers looking through some photographs, but does not remember who, if anybody, he selected. The prosecutor then calls Police officer and wishes to have Police officer testify that V chose D's photograph. D lodges a hearsay objection to Police officer's testimony insofar as it relates that V selected D's photograph. Which of the followings statements is most accurate?
- Police officer's testimony concerning V's selection of D's photograph is admissible under the prior identification rule.
- Because V remembers so little about both the attack and identification procedure, admitting Police officer's testimony would violate D's right to confront the witnesses against him.
- Because Police officer did not know whether V chose the correct person when he selected D's photograph from the book, Police officer's testimony is inadmissible.
- Because V could not have gotten a good look at the attacker, V did not have personal knowledge. Thus, V would not have been allowed to testify about who attacked him. If V could not have testified to this fact, neither can Police officer.
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