UNITED STATES v. McNAIR

No. 22372.

433 F.2d 1132 (1970)

UNITED STATES of America v. Theodous McNAIR, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 8, 1970.


Attorney(s) appearing for the Case

Mr. William H. Meserole, Jr., College Park, Md. (appointed by this court) for appellant.

Mr. D. William Subin, 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. Messrs. David G. Bress, U. S. Atty., at the time the record was filed, and Roger E. Zuckerman, Asst. U. S. Atty., also entered appearances for appellee.

Before FAHY, Senior Circuit Judge, and TAMM and ROBINSON, Circuit Judges.


PER CURIAM:

A jury found appellant guilty as charged in an indictment containing single counts of robbery1 and assault with a dangerous weapon.2 Reversal is sought on grounds of (a) insufficiency of the evidence, (b) an identification proceeding conducted at his request in the courtroom under the auspices of the trial judge just before the trial began, and (c) the absence of indication by the record as to whether...

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