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TAYLOR v. UNITED STATES

No. 22217.

414 F.2d 1142 (1969)

Greenlee R. TAYLOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 15, 1969.

Attorney(s) appearing for the Case

Mr. J. Garvan Murtha, Avon, Conn., with whom Mr. William W. Greenhalgh, Washington, D. C., (both appointed by this court) was on the brief, for appellant.

Mr. Sandor Frankel, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Scott R. Schoenfeld, Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT, McGOWAN and TAMM, Circuit Judges.

McGOWAN, Circuit Judge.

Convicted by a jury of housebreaking and grand larceny, 22 D.C.Code §§ 1801, 2201 (1967), appellant insists that two witnesses were improperly permitted to identify him in court. It appears that the trial court, as well as both the prosecutor and trial counsel for appellant, erroneously assumed that a pretrial confrontation presented no due process problems for an in-court identification so long as the Government itself did not adduce...

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