DUNN v. UNITED STATES

No. 17919.

273 F.2d 470 (1960)

Burnice Howard DUNN and Martha Lee Brown DUNN, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 18, 1960.


Attorney(s) appearing for the Case

William T. Brooks, Atlanta, Ga., for appellants.

William C. O'Kelley, Asst. U. S. Atty., Charles D. Read, Jr., U. S. Atty., Atlanta, Ga., for appellee.

Before RIVES, Chief Judge, and TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal by husband and wife, sentenced to ten and five years respectively on jury verdicts of guilty on four separate charges, one for bank robbery, 18 U.S.C.A. § 2113(a), three for the crime of putting life in jeopardy, 18 U. S.C.A. § 2113(d). The primary defenses at the trial were claimed alibis and mistaken identity.

The only serious contention on appeal is that the trial court erred in receiving evidence of identification...

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