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UNITED STATES v. WEEKS

No. 73-2362. Summary Calendar.

487 F.2d 342 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward WEEKS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 21, 1973.

Attorney(s) appearing for the Case

N. P. Callahan, Jr., Birmingham, Ala. (Court-appointed), for defendant-appellant.

Wayman Sherrer, U. S. Atty., Stephen Salter, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before BELL, GODBOLD and GEE, Circuit Judges.

PER CURIAM:

The principal issue raised in this appeal is whether in-court identifications were tainted by pre-trial photographic displays. The record contains substantial evidence that the photographic identification procedure did not "give rise to a very substantial likelihood of irreparable misidentification," Simmons v. United States, 1968, 390 U.S. 377, 384, 88 S.Ct. 967, 971, 19 L.Ed.2d 1247, 1253, and that the in-court identifications...

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