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OBERY v. UNITED STATES

No. 12127.

217 F.2d 860 (1954)

Leonard R. OBERY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 9, 1954.

Attorney(s) appearing for the Case

Mr. Dickson R. Loos, Washington, D. C. (appointed by this Court), for appellant.

Mr. John D. Lane, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before EDGERTON, PRETTYMAN and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

Leonard R. Obery, appellant herein, was convicted of robbery, after trial in the District Court. D.C.Code § 22-2901 (1951).1

On appeal his first claim is that his conviction was improper because the trial court did not give to the jury a cautionary instruction that "they must find the circumstances of the identification [of the accused as the criminal] were convincing, otherwise they must acquit...

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