STEWART v. UNITED STATES

No. 20983.

418 F.2d 1110 (1969)

James L. STEWART, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 10, 1969.

Supplemental Opinion July 10, 1969.


Attorney(s) appearing for the Case

Mr. George M. Coburn, Washington, D. C. (appointed by this court), with whom Mr. Geoffrey T. Keating, Washington, D. C., was on the brief, for appellant.

Mr. William G. Reynolds, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys. were on the brief, for appellee.

Before BASTIAN, Senior Circuit Judge, and WRIGHT and ROBINSON, Circuit Judges.


PER CURIAM:

This appeal, from a conviction of robbery,1 presents but two issues requiring elaboration.2 The first is whether a pre-arrest identification confrontation between the complainant, Robert W. Tanner, and appellant was violative of due process. The second is whether the trial court erred in refusing appellant's request for a missing witness instruction in regard to a person who supplied information...

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