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UNITED STATES v. YORK

No. 22468.

426 F.2d 1191 (1969)

UNITED STATES of America v. James E. YORK, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided September 24, 1969.

Attorney(s) appearing for the Case

Mr. William M. Barnard, Washington, D. C. (appointed by this court), for appellant.

Mr. Edwin K. Hall, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and Roger E. Zuckerman, Asst. U. S. Atty., were on the brief, for appellee. Mr. John A. Terry, Asst. U. S. Atty., also entered an appearance for appellee.

Before WRIGHT, ROBINSON and ROBB, Circuit Judges.

PER CURIAM:

Appellant was indicted in four counts of robbery1 and seven counts of assault with a dangerous weapon2 growing out of the holdup of a shoe store staged by three men. At a trial before a jury in the District Court,3 Loren J. Seifert, an employee of the store, was permitted to identify appellant as one of the holdup men.

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