UNITED STATES v. PHILLIPS

No. 24485.

427 F.2d 1035 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmie Dale PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 2, 1970.


Attorney(s) appearing for the Case

Tom O'Toole (argued), Tom Karas, Federal Public Defenders, Phoenix, Ariz., for appellant.

Lawrence Turoff (argued), Asst. U. S. Atty., Richard E. Burke, U. S. Atty., Phoenix, Ariz., for appellee.

Before BARNES, DUNIWAY and ELY, Circuit Judges.


BARNES, Circuit Judge:

On February 2, 1968, a national bank was robbed in Phoenix, Arizona, by an armed man, dressed in woman's clothes, wearing a wig, heavy pancake makeup and lipstick. On July 2, 1968, appellant was charged in two counts with robbery and armed robbery of a national bank, and on July 9th, 1968, he was indicted for it. After a not guilty plea, the trial court had an evidentiary hearing on the appellant's motion to suppress any "in-court" identification...

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