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WILLIAMS v. UNITED STATES

No. 21072.

409 F.2d 471 (1969)

Arthur A. WILLIAMS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 24, 1969.

Attorney(s) appearing for the Case

Mr. M. Michael Cramer, Washington, D. C. (appointed by this court) for appellant. Mr. H. Thomas Sisk, Washington, D. C. (appointed by this court) also entered an appearance for appellant.

Mr. John G. Gill, Jr., Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before DANAHER, McGOWAN and LEVENTHAL, Circuit Judges.

PER CURIAM:

This appeal from a conviction for robbery presents a due process issue deriving from a pretrial identification in 1966.1 Since the trial occurred prior to the decision in Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967), that issue as such was not raised in the trial court. There was, however, extensive testimony relating to the conditions under which the eyewitnesses observed...

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