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COOPER v. UNITED STATES

Nos. 17647, 17648.

331 F.2d 776 (1964)

Wonzell COOPER, Appellant, v. UNITED STATES of America, Appellee. Vernon COOPER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 5, 1963.

Petition for Rehearing Denied May 27, 1964.

Attorney(s) appearing for the Case

Mr. Lewis Carroll, Washington, D. C., with whom Mr. Richard S. T. Marsh, Washington, D. C. (both appointed by this court), was on the brief, for appellants

Mr. B. Michael Rauh, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Alfred Hantman, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and BURGER, Circuit Judge.

Petition for Rehearing En Banc Denied May 27, 1964.

PER CURIAM.

Vernon and Wonzell Cooper appeal from convictions of robbery. D.C.Code § 22-2901. They claim that the identification testimony of the robbery victims who viewed and identified appellants in a line-up should be excluded both because they were present in that line-up while under an alleged illegal arrest and because their detention at that time violated Rule 5(a), Fed.R.Crim.P.

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