BATES v. UNITED STATES

No. 21434.

405 F.2d 1104 (1968)

George W. BATES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 13, 1968.


Attorney(s) appearing for the Case

Mr. Nelson Deckelbaum, Washington, D. C. (appointed by this court) for appellant.

Mr. Robert S. Bennett, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and BURGER, Circuit Judge.


BURGER, Circuit Judge:

Appellant was convicted on two counts of housebreaking, 22 D.C.Code 1801, and two counts of assault with a dangerous weapon, 22 D.C.Code 502, and appeals on the ground that his identification by one of the complaining witnesses was the result of an unnecessarily suggestive confrontation under Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967).

The complaining witnesses, two women, established...

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