UNITED STATES v. GILLUM

No. 24936.

463 F.2d 957 (1972)

UNITED STATES of America v. Michael GILLUM, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1972.


Attorney(s) appearing for the Case

Mr. Charles S. Iversen, Washington, D. C. (appointed by this court), for appellant.

Mrs. Ann S. DuRoss, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before LEVENTHAL and ROBINSON, Circuit Judges, and JAMES F. GORDON, Chief Judge, U. S. District Court for the Western District of Kentucky.


LEVENTHAL, Circuit Judge.

Appellant was convicted, after a jury trial, of burglary in the first degree. Upon this appeal, he urges the insufficiency of the evidence and alleges that the jury's verdict, convicting him of burglary but acquitting him of robbery, was impermissibly inconsistent. We have carefully considered each of these points and find them without merit.

A more difficult issue, however, is presented by the photographic identification which preceded...

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