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On August 17, 1964, someone purchased a .22 caliber handgun from a store in Las Cruces, New Mexico. The store kept a register of sales of handguns. That particular register showed that a Robert, Crosset, Box 210, Las Cruces, 5'9', brown hair, brown eyes. During trial a Dr. Thorp, professor of mathematics testified as to the law of probability. After testimony of his mathematical analysis, the Dr. testified that it was a 240 billion to one chance that a person came into the store that day and impersonated D in the purchase of the handgun. D was convicted and appealed.

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