UNITED STATES v. RUTH

No. 71-1345.

461 F.2d 1213 (1972)

UNITED STATES of America v. John E. RUTH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Rehearing Denied April 6, 1972.


Attorney(s) appearing for the Case

Mr. Thomas W. Mack, Washington, D. C. (appointed by this Court) was on the brief for appellant.

Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and John A. Terry, Roger E. Zuckerman and John E. Drury, III, Asst. U. S. Attys., were on the brief for appellee.

Before McGOWAN, LEVENTHAL and MacKINNON, Circuit Judges.


PER CURIAM:

This is on an appeal from a judgment of prison sentence on a conviction for robbery and assault with a dangerous weapon. The question arises from the recantation of the identification witness, the victim, Grady Thomas. On direct he testified that as he was walking down the street near his home, he turned and spotted three men approaching from the rear, one about his height (whom he identified as defendant), a taller man and a shorter man. They attacked...

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