No. 72-1371.

485 F.2d 1075 (1973)

UNITED STATES of America v. Richard J. LEE, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1973.

Attorney(s) appearing for the Case

David R. Anderson, Washington, D.C. (appointed by this Court), for appellant.

Douglass J. McCollum, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty. and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before LEVENTHAL and MacKINNON, Circuit Judges, and WYZANSKI, Senior United States District Judge for the District of Massachusetts.

WYZANSKI, Senior District Judge:

The single issue is whether the trial court erred in allowing the complaining witness to testify as to her showup identification of defendant.

Edna M. Carslaw on March 17, 1970, at about 6 P.M. was held up, in the basement of an office building where she worked, by two men, one of whom, for convenience, we shall at this introductory stage call X, and the other Y. X told her, "Don't make any noise, this is a hold-up," and directed...

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