TOWLER v. UNITED STATES

No. 5255.

271 A.2d 553 (1970)

Louis Edward TOWLER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 7, 1970.


Attorney(s) appearing for the Case

John A. Keats, appointed by this court, for appellant.

Jerome Wiener, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Stephen W. Grafman, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, KELLY, Associate Judge, and MEYERS (Associate Judge, Retired).


HOOD, Chief Judge:

After trial by the court, appellant was convicted of two charges of petit larceny and one of assault. On this appeal, three contentions are made.

First, it is urged that the trial court erred in permitting the complaining witness to make an in-court identification of appellant based on a photographic, pretrial identification allegedly lacking in due process. The events leading up to the extrajudicial identification are summarized below....

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