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HEMPHILL v. UNITED STATES

No. 21432.

402 F.2d 187 (1968)

James HEMPHILL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 12, 1968.

Attorney(s) appearing for the Case

Mr. Michael H. Gottesman, Washington, D. C., (appointed by this court) for appellant.

Mr. Albert W. Overby, Jr., Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT, TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This appeal from convictions of first degree premeditated murder and assault with a dangerous weapon raises three issues: (1) Sufficiency of the Government's evidence as to premeditation; (2) Permissibility of testimony by eye witnesses identifying defendant; (3) Propriety of prosecutor's closing argument.

1. Sufficiency of the Government's evidence on premeditation.

This court is of the view that the prosecution...

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