Mr. Scoggins. I think it is Whaley. I didn't know him from Adam until that day, you know, and he said his name was Whaley.

Mr. Belin. When you were there and identified a man, had Whaley already identified that man or not? I mean, did you hear Whaley or see Whaley identify that man?

Mr. Scoggins. No. He was sitting over on my left.

Mr. Belin. He was on your left?

Mr. Scoggins. Yes. It was dark. They turned the lights out where we were sitting. We could see the man with lights up there.

Mr. Belin. Could you see Mr. Whaley at the time he made the identification?

Mr. Scoggins. Well, I suppose if I would have looked over there I could have seen that there was a man there, that I could have recognized him.

Mr. Belin. Were you looking at Mr. Whaley at the time?

Mr. Scoggins. No.

Mr. Belin. Did you make your identification by your voice or by your hands?