GRIFF v. RHAY

No. 71-1923.

455 F.2d 494 (1972)

Preston R. GRIFF, Appellant, v. B. J. RHAY, Superintendent of the Washington State Penitentiary, State of Washington, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

February 8, 1972.


Attorney(s) appearing for the Case

Preston R. Griff, in pro. per.

Slade Gorton, Atty. Gen., Lee D. Rickabaugh, Stephen G. Jamieson, Asst. Attys. Gen., Olympia, Wash., for appellees.

Before MERRILL, ELY and TRASK, Circuit Judges.


PER CURIAM:

Griff was convicted of grand larceny by a Pierce County, Washington, jury. Prior to trial, his counsel moved to suppress testimony of eye-witnesses because it allegedly was based on an unconstitutional photo session, which was held during the investigatory stage of the case. The trial judge denied the motion.

On appeal, the Washington Supreme Court affirmed Griff's conviction, finding that any error in the case was harmless beyond a reasonable...

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