UNITED STATES v. EVANS

No. 23046.

438 F.2d 162 (1971)

UNITED STATES of America v. Larry E. EVANS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1971.

Petition for Rehearing Denied February 25, 1971.


Attorney(s) appearing for the Case

Mr. James F. Gordy, Washington, D. C., with whom Mr. Paul H. Delaney, Jr., Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Richard M. Minkoff, Atty., Department of Justice, with whom Messrs. Thomas A. Flannery, U.S. Atty., and John A. Terry, Asst. U.S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, McGOWAN, Circuit Judge, and MATTHEWS, Senior District Judge, United States District Court for the District of Columbia.


McGOWAN, Circuit Judge:

Appellant was convicted by a jury of burglary, assault with a dangerous weapon, and petit larceny. His only challenge to this conviction on appeal is that his identification at trial by the victim was fatally tainted by a pretrial confrontation which transgressed the Fifth and Sixth Amendments. That issue was explored by the District Court in an evidentiary hearing before the jury was summoned. and the court ultimately decided against appellant...

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