MARSHALL v. UNITED STATES

Nos. 21703, 23578.

436 F.2d 155 (1970)

Maurice MARSHALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 24, 1970.

Petition for Rehearing Denied February 17, 1971.


Attorney(s) appearing for the Case

Mr. David S. Abrams, Washington, D. C. (appointed by this Court) 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. Messrs. David G. Bress, U. S. Atty., at the time the record was filed, Harold H. Titus, Jr., Principal Asst. U. S. Atty., and Daniel J. Givelber, Asst. U. S. Atty., also entered appearances for appellee. Mr. Daniel E. Toomey, Washington, D. C., also entered an appearance for appellee in No. 23,578.

Before BAZELON, Chief Judge, and LEVENTHAL and WILKEY, Circuit Judges.


WILKEY, Circuit Judge:

Appellant was convicted of bank robbery, assault with a dangerous weapon, and carrying a dangerous weapon.1 On appeal he challenges, inter alia, probable cause for his arrest and admission of the evidence obtained by the search incident to arrest, the use in evidence of photographs of himself in custody at the scene of his arrest, and the failure of the trial court to take into consideration alleged new evidence...

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