UNITED STATES v. BREAUX

No. 71-1296.

450 F.2d 948 (1971)

UNITED STATES of America, Appellee, v. Edwin R. BREAUX, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 5, 1972.


Attorney(s) appearing for the Case

Jerome Fishkin (argued), San Francisco, Cal., for appellant.

William B. Shubb, Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Sacramento, Cal., for appellee.

Before BARNES and KILKENNY, Circuit Judges, and McNICHOLS, District Judge.


PER CURIAM:

Appellant was convicted, following a jury trial, of violation of 18 U.S.C. § 2113 (a) and (d) (armed bank robbery). We affirm.

The sole meritorious issue raised by this appeal involves the admission of evidence of eye witness identification. On the morning set for trial, defense counsel moved to suppress evidence of identification by certain eye witnesses on the ground that such identification was tainted by a line-up alleged to have been...

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