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UNITED STATES v. KIRBY

No. 23106.

427 F.2d 610 (1970)

UNITED STATES of America v. Thomas KIRBY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1970.

Attorney(s) appearing for the Case

Mr. Francis X. Grossi, Jr., Washington, D. C., with whom Mr. A. Duncan Whitaker, Washington, D. C. (both appointed by this Court), was on the brief, for appellant.

Mr. John D. Aldock, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

LEVENTHAL, Circuit Judge.

This case concerns the validity of the procedures which led to the identification of defendant as the person who committed the acts that led to his conviction on charges of robbery, and assault with a deadly weapon, and to his concurrent sentences. On his appeal, we affirm.

I Factual Background

The identification was made by Vera May Lockett, who was working alone in the office of a real estate corporation at 11:40...

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