Is a Testifying Witness Required to Identify the Accused at Trial ?
In State v. Lancaster (1971), 25 Ohio St.2d 83, 267 N.E.2d 291, the supreme court held:
"Prior identification of the accused may be shown by the testimony of the identifier, or by the testimony of a third person to whom or in whose presence the identification was made, where the identifier has testified and is available for cross-examination, not as original, independent or substantive proof of the identity of the accused as the guilty party, but as corroboration of the testimony of the identifying witness as to the identity of the accused." Id.
The Lancaster rule has been modified by Evid.R. 801(D)(1)(c), which does not require the testifying witness to identify the accused at trial. State v. Anderson (Mar. 23, 1994), Montgomery App. No. 13003, 1994 Ohio App.