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RUSSELL v. UNITED STATES

No. 21571.

408 F.2d 1280 (1969)

Bobby RUSSELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 24, 1969.

Certiorari Denied May 26, 1969.

Attorney(s) appearing for the Case

Messrs. David S. Scrivener, and Robert T. Gaston, Washington, D. C. (appointed by this court) for appellant.

Mr. Clarence A. Jacobson, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, and DANAHER and ROBINSON, Circuit Judges.

Certiorari Denied May 26, 1969. See 89 S.Ct. 1786.

BAZELON, Chief Judge:

This appeal from a conviction for housebreaking and petit larceny raises issues concerning the admissibility of identification evidence under United States v. Wade1 and Stovall v. Denno.2

At day-break on June 28, 1967, one George McCann investigated the sounds of a blaring radio and breaking glass at the Community Shoe...

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