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UNITED STATES v. JOHNSON

Nos. 23886, 24331, 72-1271, 23887, 72-1326.

475 F.2d 1297 (1973)

UNITED STATES of America v. Jerome JOHNSON, Appellant. UNITED STATES of America v. Samuel A. SMITH, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 1973.

Attorney(s) appearing for the Case

Frank J. Costello, Washington, D. C. (appointed by this Court for appellant in No. 72-1326), argued for appellants.

Stephen S. Millstein, Washington, D. C. (Appointed by the Court for appellant in Nos. 23,886, 24,331, and 72-1271).

Julius A. Johnson, 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 BAZELON, Chief Judge, and TAMM and WILKEY, Circuit Judges.

BAZELON, Chief Judge:

Smith and Johnson were tried jointly before a jury and convicted of four counts of robbery while armed and five counts of assault with a dangerous weapon. Johnson was also convicted of one count of carrying a pistol without a license.

On their appeal, the Government conceded that the trial court erred by failing to order sua sponte an identification hearing as required by our opinions in Clemons...

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