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►Trial
the hospital. “My investigation' showed that two shots were fired. The first one went into the window frame on the east side and the second went into Mr. Freeman,” he said.
Mjyor Streapy said that a forensics analysis showed that both bullets were fired from the same gun. When he later showed a photo lineup to Raymond Brown, who works at the Pine Knot Inn, Mr. Brown chose the defendant as the person he had seen that night holding a revolver in his hand.
Mr. Roy Bradley, the de-' fendant’s attorney, questioned whether the photo line-up was prejudicial because the background of the defendant’s photo had a different background than the other five photos. Judge W. Shore Robertson, however, said that he did not think that prejudice had been shown.
Raymond Brown, the second witness for the commonwealth, described what he remembered from the evening. He said, “I was working at the Pine Knot Inn for Mr. Carter, the owner. We had a good crowd. Shortly after 11 p.m., the lights came on bright and there were two women struggling. Then one was struggling with a man. I restrained him and she hit him. I was struck by an ashtray by the first woman; I was trying to keep everyone away from each other.”
Mr. Brown said that three men that he didn’t know came in then, and asked him why he was beating on their women. One of them hit Mr. Brown1 in the face, and one woman was standing nearby with a baseball
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