UNITED STATES v. JOHNSON

No. 30681.

461 F.2d 1165 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard JOHNSON and Levi Washington, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 12, 1972.


Attorney(s) appearing for the Case

Darryl J. Tschirn, New Orleans, La., for Johnson.

Levi Washington, pro se.

Gerald J. Gallinghouse, U.S. Atty., Patrick C. McGinity, Asst. U.S. Atty., Mary Williams Cazalas, Asst. U.S. Atty., New Orleans, La., for plaintiff-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.


WISDOM, Circuit Judge:

Leonard Edward Johnson and Levi Washington appeal from their convictions for the offense of bank robbery in violation of 18 U.S.C. § 2113(a) and (d). As to appellant, Washington, we affirm. Because we believe that appellant Johnson's due process rights were violated by subjecting him to a prejudicial out-of-court identification procedure, we must reverse his conviction.

On July 14, 1967, a branch of the Hibernia National Bank in...

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