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UNITED STATES v. GAMBRILL

Nos. 23512, 23806.

449 F.2d 1148 (1971)

UNITED STATES of America v. James O. GAMBRILL, Appellant. UNITED STATES of America v. Jerry L. HUNTER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 1971.

Attorney(s) appearing for the Case

Mr. Carl L. Taylor, Washington, D. C., with whom Mr. Richard B. Ruge, Washington, D. C. (both appointed by this Court) was on the brief, for appellant in No. 23,512.

Mr. Wallace L. Duncan, Washington, D. C. (appointed by this Court) for appellant in No. 23,806.

Mr. Julius A. Johnson, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Daniel Harris, Asst. U. S. Attys., were on the brief, for appellee. Mr. Robert J. Higgins, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, MacKINNON, Circuit Judge, and CHRIS- TENSEN, U. S. District Judge, District of Utah.

MacKINNON, Circuit Judge:

Hunter and Gambrill were convicted of rape, robbery, assault with a dangerous weapon and unauthorized use of a motor vehicle. We reverse the judgments because of impermissible suggestion in the identification of the subjects and order a new tral.

The Facts of the Offenses and Identifications

At about 10:30 P.M. on October 1, 1968, a twenty-two year old female nursing student (hereinafter referred to as Mary) and her...

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