UNITED STATES v. SMITH

No. 71-1380.

473 F.2d 1148 (1972)

UNITED STATES of America, v. Elijah SMITH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

December 11, 1972.


Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C., was on the brief for appellant.

Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, and John A. Terry, Herbert B. Hoffman, Philip L. Cohan, and Harry J. McCarthy, Asst. U. S. Attys., were on the brief for appellee.

Before McGOWAN, LEVENTHAL and MacKINNON, Circuit Judges.


PER CURIAM:

Appellant was convicted of robbery, 22 D.C. Code § 2901, and sentenced to imprisonment for three to nine years. He claims the District Judge erred in failing to exclude complainant's in-court identification of defendant, and the evidence of an earlier lineup identification. We affirm.

On April 3, 1970, at about 5:30 p. m., Rosalind Titus was standing on a street corner waiting for the traffic light to change. Suddenly, she was attacked, pinioned...

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