UNITED STATES v. HARRIS

No. 71-1481.

475 F.2d 359 (1973)

UNITED STATES of America v. Lewis HARRIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1973.


Attorney(s) appearing for the Case

Robert G. Hardy, Washington, D. C., with whom Christopher T. Boland, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Percy H. Russell, Jr., Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, Asst. U. S. Atty., and David C. Woll, Asst. U. S. Atty. at the time the brief was filed, were on the brief, for appellee.

Before BAZELON, Chief Judge, WRIGHT, Circuit Judge, and WYZANSKI, Senior United States District Judge for the District of Massachusetts.


PER CURIAM:

Appellant Harris was convicted of robbery and assault with a dangerous weapon on the basis of wholly uncorroborated in and out of court identification evidence provided by two of his alleged victims, Miller and Carter. Appellant raises several issues, including identification.

There are numerous facts in the record which cast substantial doubt on the validity of the identification evidence and raise the possibility of mistake. These include:

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