SOLOMON v. UNITED STATES

No. 22155.

408 F.2d 1306 (1969)

Otis SOLOMON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 12, 1969.


Attorney(s) appearing for the Case

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

Mr. Robert J. Graham, Sp. Asst. U. S. Atty., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge.

Appellant Solomon stands convicted of robbery and assault with a dangerous weapon (a shod foot). On appeal he asserts for the first time that the admission of certain eyewitness identification testimony at trial deprived him of due process and violated his right to counsel. We affirm.

I

The evidence showed that the complaining witness, Simms, was walking home on the night of October 9, 1967, when he was set upon by...

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