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UNITED STATES v. SHANNON

No. 17485.

424 F.2d 476 (1970)

UNITED STATES of America v. John W. SHANNON, Jr., Nathaniel Wiggins, Harry William Parker, Leroy Wiggins, Theodore R. Whaley, Leroy Wiggins, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 29, 1970.

Attorney(s) appearing for the Case

M. Gene Haeberle, Camden, N. J., for appellant.

D. William Subin, Asst. U. S. Atty., Camden, N. J. (Frederick B. Lacey, U. S. Atty., Newark, N. J., on the brief), for appellee.

Before HASTIE, Chief Judge, and MARIS and ADAMS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Leroy Wiggins was one of five defendants charged with armed robbery of a bank on May 26, 1967, in violation of 18 U.S.C. §§ 2113(a), 2113(b), 2113(d). Following a jury trial, Wiggins was found guilty on all three counts and sentenced to twelve years imprisonment. Wiggins appeals the conviction contending that pre-trial identifications of him by a bank teller were so "prejudicially unfair" that the in-court...

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