UNITED STATES v. DONAHUE

No. 358-70.

442 F.2d 1315 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. William Noel DONAHUE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 1971.


Attorney(s) appearing for the Case

Michael P. Watkins, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief) for plaintiff-appellee.

Scott McCarty, Albuquerque, N. M., for defendant-appellant.

Before BREITENSTEIN and HILL, Circuit Judges, and LANGLEY, District Judge.


LANGLEY, District Judge.

The defendant-appellant, William Noel Donahue, was convicted by a jury of robbing a federally insured bank at Albuquerque, New Mexico, in violation of 18 U.S.C. § 2113(a) and (b), and has appealed. His contention is that the trial court erred in refusing to suppress evidence obtained in a search of his motel room without a warrant or valid consent and in permitting witnesses to identify the defendant at the trial after seeing him in an...

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