UNITED STATES v. HAMILTON

No. 22361.

420 F.2d 1292 (1969)

UNITED STATES of America v. Edgar L. HAMILTON, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided July 24, 1969.


Attorney(s) appearing for the Case

Mr. John A. Kennedy, Jr., Washington, D. C. (appointed by this court) for appellant.

Mr. John D. Aldock, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, and Frank Q. Nebeker, Asst. U. S. Atty., at the time the brief was filed, and Miss Carol Garfiel, Asst. U. S. Atty., were on the brief, for appellee.

Before WRIGHT, LEVENTHAL, and ROBINSON, Circuit Judges.


SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was convicted of robbery1 and assault with a dangerous weapon2 growing out of the holdup of James R. Shanks, a D. C. Transit bus driver, in the early evening of November 9, 1967. The contention presented on appeal is that Shanks' in-court identification of appellant as the perpetrator of those offenses was fatally tainted by a pretrial photographic identification...

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