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CLEMONS v. UNITED STATES

Nos. 19846, 21001, 21249.

408 F.2d 1230 (1968)

Malcus T. CLEMONS, Appellant, v. UNITED STATES of America, Appellee. David E. CLARK, Appellant, v. UNITED STATES of America, Appellee. Alvin C. HINES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 6, 1968.

Attorney(s) appearing for the Case

Mr. John Perazich, Washington, D. C., with whom Mr. William W. Greenhalgh, Washington, D. C. (both appointed by this court) was on the brief, for appellant in No. 21,001.

Messrs. Lawrence D. Hollman and Sherwood B. Smith, Jr. (both appointed by this court) for appellant in No. 21,249.

Messrs. James A. Strazzella, Lawrence Lippe, and James E. Kelley, Jr., Asst. U. S. Attys., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the briefs, for appellee. Mr. Seymour Glanzer, Asst. U. S. Atty., was on the brief for appellee in No. 21,001.

Miss Carol Garfiel, Asst. U. S. Atty., also entered an appearance for appellee in No. 19,846.

Mr. Foy R. Devine, Washington, D. C., with whom Mr. William W. Greenhalgh, Washington, D. C. (both appointed by this court) was on the brief, for appellant in No. 19,846.

Before BAZELON, Chief Judge, and DANAHER, BURGER, WRIGHT, McGOWAN, TAMM, LEVENTHAL and ROBINSON, Circuit Judges.

McGOWAN, Circuit Judge:

These three criminal appeals were, prior to final decision by the panels which initially heard them, placed en banc for hearing and disposition by the full court. This was because each case involved an identification issue growing out of the circumstances under which pre-trial identification had been made. Since several other appeals pending in this court involve the same kind of question, and since it is recurring in the District Court...

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