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UNITED STATES v. GREEN

No. 22710.

436 F.2d 290 (1970)

UNITED STATES of America v. James K. GREEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 1970.

Attorney(s) appearing for the Case

Mr. Alan J. Berkeley, Washington, D. C. (appointed by this court), for appellant.

Mr. Gregory C. Brady, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee. Mr. D. William Subin, Asst. U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and McGOWAN, Circuit Judge.

BAZELON, Chief Judge:

This appeal raises issues concerning the admissibility of identification evidence. A woman was raped in her home at gunpoint. Ten days later when she and her husband were driving near their home she spotted appellant in the street. Thinking he looked like her assailant, she drove around the block to get a good look at him, and then drove off in search of a police officer. The couple found some officers in a patrol car and led them to appellant...

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