dissents. A police statement taken from the victim contradicts the victim’s identification of the defendant at trial. The statement was not made available to defendant before or during trial. It would at the very least tend to impeach the testimony of the victim. It would have bearing upon the guilt and penalty of defendant. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215.

In re: Warren Garrison applying for Writs of Certiorari & Habeas Corpus.

Writ denied. The ruling of the trial judge is correct.