UNITED STATES v. BLACK

No. 71-2407.

456 F.2d 1103 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Donald BLACK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 13, 1972.


Attorney(s) appearing for the Case

Ronald Lemieux, Los Angeles, Cal., for defendant-appellant.

Robert L. Meyer, U. S. Atty., Alan Freedman, Stephen V. Wilson, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING, ELY and CHOY, Circuit Judges.


PER CURIAM:

Appellant was convicted of violating 18 U.S.C. § 2113(a), robbery of a national bank.

Appellant moved to exclude the testimony of a witness identifying him as the robber on the ground that in a pretrial display of photographs shown to the witness, appellant's photographs were unfairly emphasized. The district court held a hearing on the motion out of the presence of the jury, and denied the motion. Appellant contends that the use of the testimony...

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