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SMITH v. UNITED STATES

No. 20773.

413 F.2d 366 (1968)

Calvin F. SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1968.

Certiorari Denied May 26, 1969.

Petition for Rehearing Denied July 5, 1968.

Attorney(s) appearing for the Case

Mr. C. Frank Reifsnyder, Washington, D. C. (appointed by this court), for appellant.

Mr. David A. Clarke, Jr., Atty., Department of Justice, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and WRIGHT and ROBINSON, Circuit Judges.

Certiorari Denied May 26, 1969. See 89 S.Ct. 1780.

PER CURIAM:

The primary issue raised by this appeal, and plausibly tendered by circumstances the record discloses, is whether the police procedures used in the pretrial photographic identification of appellant by the robbery victim violated due process and, if so, were the lineup and in-court identifications of appellant tainted thereby. Since the issue was not raised in the District Court, with the result...

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