Police responded to a report of criminal damage because someone was throwing rocks at the house and breaking things. Police responded and did not find any suspicious persons in the area, so they proceeded to talk with the homeowners as to what happened.

The homeowners stated it was dark and could only see an outline of someone throwing rocks and yelling. He showed the damage to the house and the thrown rocks which were photographed as evidence.

Further discussions with the police by the homeowner revealed that earlier in the morning homeowner had a telephone call from client advising he would come to the house to meet with homeowners sister.

The police asked for that person's name and homeowner named client as the caller. Homeowner went on to say that it was client he had seen throwing rocks and he recognized his voice. Client denied the charge of criminal damage and said he was never there.

The case went to trial and homeowner testified he worked at the same place but a different shift and never met client but heard him talking to others in passing and was able to identify the voice.

The court was not convinced beyond a reasonable doubt that the identification was reliable and found client not guilty.