UNITED STATES v. WORKMAN

No. 72-1797.

470 F.2d 151 (1972)

UNITED STATES of America, Appellee, v. Pearlie Donald WORKMAN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 7, 1972.


Attorney(s) appearing for the Case

Larry W. Pitts, Newton, N. C. (Stanley J. Corne, Corne, Warlick & Pitts, Newton, N. C., on brief), for appellant.

David B. Sentelle, Asst. U. S. Atty. (Keith S. Snyder, U. S. Atty. for Western District of North Carolina, on brief), for appellee.

Before WINTER, BUTZNER, and RUSSELL, Circuit Judges.


BUTZNER, Circuit Judge:

Pearlie Donald Workman appeals from his conviction of possessing sugar intended for use in making liquor in violation of the Internal Revenue Code. Workman claims that the pretrial photographic identification procedure which led to his in-court identification was unnecessarily suggestive and deprived him of due process of law. We vacate the judgment of the district court and remand the case for a new trial.

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