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UNITED STATES v. DAVIS

No. 12448.

407 F.2d 846 (1969)

UNITED STATES of America, Appellee, v. Robert Lee DAVIS, Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 27, 1969.

Attorney(s) appearing for the Case

Donald F. Rogers, Baltimore, Md. (Court-appointed counsel) [Alpert, Lichter, Coleman, Pezzulla & Rogers, Baltimore, Md., on brief] for appellant.

Paul M. Rosenberg, Asst. U. S. Atty. (Stephen H. Sachs, U. S. Atty., and Alan I. Baron, Asst. U. S. Atty., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and BUTZNER, Circuit Judges.

PER CURIAM:

Robert Lee Davis, convicted of kidnapping in violation of 18 U.S.C. § 1201 (a), was identified at trial by the victim. Davis complains that pretrial identification by the victim deprived him of a fair trial. Under all the circumstances, we find no violation of due process and affirm the judgment of the district court.

When he was kidnapped, the victim had but a fleeting glance of his assailant. Thereafter, his first identification of Davis...

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