UNITED STATES v. BROWN

No. 24452.

461 F.2d 134 (1972)

UNITED STATES, Appellant, v. Rufus BROWN et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1971.

Opinions Filed March 1, 1972.


Attorney(s) appearing for the Case

Mr. Robert J. Higgins, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and Robert A. Shuker, Asst. U. S. Attys., were on the brief, for appellant.

Mrs. Carol Garfiel Freeman, Washington, D. C., with whom Mr. James B. Blinkoff, Washington, D. C. (both appointed by the District Court) was on the brief, for appellee Brown, argued for all appellees.

Mr. Jerome J. Dick, Washington, D. C. (appointed by this court) as amicus curiae.

Messrs. Ira M. Lowe and Eugene P. Hines, Washington, D. C. (both appointed by the District Court) were on the brief for appellee Proctor.

Mr. Sol Z. Rosen, Washington, D. C. (appointed by the District Court) was on the brief for appellee Williams.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVROBB, and WILKEY, Circuit Judges, ENTHAL, ROBINSON, MacKINNON, sitting


Argued En Banc March 8, 1971.

WILKEY, Circuit Judge:

This is an appeal by the Government under 18 U.S.C. § 3731 from an order of the District Court suppressing "any photographic or in-court identification of the defendants Rufus Brown and Paul Proctor by Mrs. Barbara Edgecomb" at the trial. The case was initially argued before a three-judge panel of this court. We subsequently ordered sua sponte that the case be set down for argument and decision...

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