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KIMBROUGH v. COX

No. 14754.

444 F.2d 8 (1971)

Willie KIMBROUGH, Appellant, v. J. D. COX, Superintendent Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1971.

Attorney(s) appearing for the Case

Frank T. Read, Durham, N. C. (court-assigned) for appellant.

William P. Robinson, Jr., Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen., on brief) for appellee.

Before BOREMAN, WINTER, and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Willie Kimbrough, serving a twenty year sentence for robbery committed in July, 1968, appeals the district court's denial of his petition for habeas corpus. Kimbrough's primary contention is that photographic pretrial identification procedures were so unnecessarily suggestive as to deprive him of due process of law. Applying the test of Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968...

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