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UNITED STATES v. HUTTO

No. 11791.

393 F.2d 783 (1968)

UNITED STATES of America, Appellee, v. Charlie Vernon HUTTO, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 21, 1968.

Attorney(s) appearing for the Case

Arthur C. Ermlich, Norfolk, Va. (Court-appointed counsel) [Amato, Babalas, Breit, Cohen, Rutter & Friedman, Norfolk, Va., on brief], for appellant.

Roger T. Williams, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before SOBELOFF and BOREMAN, Circuit Judges, and RUSSELL, District Judge.

SOBELOFF, Circuit Judge:

On this appeal we consider the claim tendered by appellant that the police lineup procedure used in identifying him violated his constitutional rights.

Had the Supreme Court not held in Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967), that the rule enunciated in Wade1 and Gilbert2 requiring defendant's counsel...

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