¶1dissenting.
¶2Upon examining the undisputed evidence that was presented to the jury in this cause, I must dissent from the finding of the majority that the identification testimony of Mrs. McGuire was reversible error.
¶3There is no question but what the identification procedures prior to trial were improper and, as a matter of fact, did not produce any probative testimony because Mrs. McGuire said she could not identify the defendant when shown to her at two different times following the incident. When Mrs. McGuire took the stand at trial, she stated she could then identify the defendant as the perpetrator of the murder of her husband, but was unable to give any reason or support for her identification. However, it was completely presented to the jury that she was not able to identify him on two previous occasions and that she could give no support for her testimony in court except to say that he was the man. She broke *891down in court while giving her testimony, and it is doubtful that much credibility could or did attach to her testimony in this regard.
¶4However, there was other evidence in the cause on which the jury could have found that the defendant did, in fact, commit this crime beyond a reasonable doubt. Footprints found in the mud around the house matched the sole of one of the shoes definitely traced to the defendant. These shoes were left with the defendant’s girl friend, Cathy Bain, and were later released by Cathy Bain to the defendant’s mother, who had them in her possession at the time the police obtained them. The defendant’s mother identified them as the defendant’s shoes. Cathy Bain also identified them as the defendant’s shoes. Cathy Bain also had in her possession a camera identified as one taken from the home of the McGuires on the night of the murder, which she testified was given to her by the defendant. The camera was obtained from Cathy Bain by police officers, and was admitted into evidence. Cathy Bain testified to these matters, and also testified that defendant told her he had gone into the home to burglarize it and had killed the man by stabbing him while committing the burglary.
¶5There was, therefore, strong and credible evidence pointing to this defendant, which the jury heard and which gave them ample evidence to find him guilty of this crime beyond a reasonable doubt. Even though the testimony given by Mrs. McGuire as to identification of this defendant was improper and of little credible value, certainly it cannot be said that this was the evidence that led the jury to convict the defendant and that they would not have done so without it. It was not good judgment for the State to offer this testimony and improper for the court to admit it, but it was not error that could reasonably be determined to have caused the conviction, which would therefore require us to find it to be reversible error.
¶6I would so find and affirm the trial court.
¶7GIVAN, C. J., concurs.