TATE v. UNITED STATES

No. 5178.

268 A.2d 855 (1970)

William Avon TATE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 10, 1970.


Attorney(s) appearing for the Case

Stuart S. Greenfeig, Washington, D. C., appointed by this court, for appellant.

Kenneth Michael Robinson, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Brian W. Shaughnessy, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, and KELLY and FICKLING, Associate Judges.


KELLY, Associate Judge:

In this appeal from a jury conviction of assault and attempted petit larceny appellant contends that the trial court erred in admitting certain testimony purporting to identify him as the assailant of Barry Fox, a thirteen-year old newspaper delivery boy. We reject appellant's argument that an out-of-court photographic identification was suggestive to the extent that it created a very substantial likelihood of an irreparable misidentification...

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