UNITED STATES v. GREENE

No. 22923.

429 F.2d 193 (1970)

UNITED STATES of America v. Ronald S. GREENE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 1970.


Attorney(s) appearing for the Case

Mr. Charles A. Dukes, Jr., Hyattsville, Md. (appointed by this court), for appellant.

Mr. John Ellsworth Stein, 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 WRIGHT, McGOWAN and ROBB, Circuit Judges.


McGOWAN, Circuit Judge:

This appeal from a jury conviction of robbery and assault with a dangerous weapon (22 D.C.Code §§ 2901, 502) presents only issues deriving from a pretrial identification of appellant by one of the victims. We find that, by reference to earlier rulings of this court, the introduction of evidence of this identification by the Government as part of its direct case necessitates reversal.

I

The robbery was of a dry cleaning...

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