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UNITED STATES v. PERRY

No. 22469.

449 F.2d 1026 (1971)

UNITED STATES of America v. Franklin PERRY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 1971.

Attorney(s) appearing for the Case

Mr. Peter C. Jenkins (appointed by this court) for appellant. Mr. John A. Terry (appointed by this court at the time the brief was filed) was on the brief for appellant. Mr. William W. Greenhalgh (appointed by this court) also entered an appearance for appellant.

Mr. Allan C. Fork, Atty., Department of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., and Roger E. Zuckerman, Asst. U. S. Atty., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and ROBINSON, Circuit Judge.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

The sole issue on this appeal, from convictions of robbery1 and simple assault,2 is whether a near-the-scene identification confrontation between a suspect without a lawyer and the victim, within an hour to an hour and a half after commission of the offenses,3 violated the suspect's Sixth Amendment right to counsel4<...

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