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ZAMORA v. PEOPLE OF TERRITORY OF GUAM

No. 22307.

394 F.2d 815 (1968)

Adolfo Z. ZAMORA, Appellant, v. PEOPLE OF the TERRITORY OF GUAM, Appellee.

United States Court of Appeals Ninth Circuit.

May 2, 1968.

Attorney(s) appearing for the Case

Finton J. Phelan, Jr. (argued), Ramon V. Diaz, Agana, Guam, for appellant.

Olen W. Burnett (argued), Deputy Atty. Gen., Paul J. Abbate, Deputy Atty. Gen., Harold W. Burnett, Atty. Gen., John P. Raker, Island Attorney, Agana, Guam, for appellee.

Before CHAMBERS, BARNES and HAMLIN, Circuit Judges.

CHAMBERS, Circuit Judge:

At his trial for robbery, the victim (Hill) had no trouble identifying Zamora as one of his assailants. But we know from United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, that sometimes a witness may not be permitted to identify another in court if the witness first began his finger pointing at a police line-up where the defendant was commingled with other prisoners — if the defendant...

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