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PROCTOR v. UNITED STATES

No. 21569.

404 F.2d 819 (1968)

David PROCTOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 10, 1968.

Petition for Rehearing Denied January 8, 1969.

Attorney(s) appearing for the Case

Mr. Peyton Graham Bowman, III, Washington, D. C., with whom Mr. Richard M. Merriman, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. Daniel Givelber, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Arthur L. Burnett and Miss Carol Garfiel, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and WRIGHT and TAMM, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

Appellant was convicted on three counts of robbery and sentenced to imprisonment for from two to six years on each count, sentences to be served concurrently. On appeal we consider, first, whether testimony as to a statement Proctor made at the police station was admissible under Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and second whether an in-court identification...

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