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UNITED STATES v. CAIN

No. 23949.

467 F.2d 704 (1972)

UNITED STATES of America v. Alphonso CAIN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Record Remanded April 27, 1971.

Decided April 13, 1972.

Rehearing Denied May 31, 1972.

Attorney(s) appearing for the Case

Mr. Robert T. Gaston, Washington, D. C. (appointed by this court), for appellant.

Mr. Philip L. Cohan, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and David C. Woll, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and MacKINNON and WILKEY, Circuit Judges.

PER CURIAM:

Two men with a truckload of liquor were hijacked on December 31, 1968. They were released about 3 P. M. The driver of the truck was never able to identify any of the robbers, but his helper, Best, did identify Alphonso Cain by photographs shown him at his home the day after the crime and by photographs which were shown him at work about a week later. Following his conviction, Cain appealed and we remanded for an additional hearing on identification. The...

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