UNITED STATES v. COUNTS

No. 299, Docket 72-1795.

471 F.2d 422 (1973)

UNITED STATES of America, Appellee, v. James W. COUNTS and Zedrick Elam, Appellants.

United States Court of Appeals, Second Circuit.

Decided January 2, 1973.

Certiorari Denied April 16, 1973.


Attorney(s) appearing for the Case

Elliot L. Evans, New York City, for appellant Counts.

Robert E. Green, Forest Hills, N. Y., for appellant Elam.

Emanuel A. Moore, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., and L. Kevin Sheridan, Asst. U. S. Atty., of counsel), for appellee.

Before LUMBARD, FEINBERG and OAKES, Circuit Judges.


Certiorari Denied April 16, 1973. See 93 S.Ct. 1909, 1911.

OAKES, Circuit Judge:

This appeal raises the following questions:

1. Did pretrial identifications of the defendants violate their rights to due process under the fifth amendment and to counsel under the sixth amendment?

2. Was the admission of evidence relating to two spent bullets in a gun recovered in defendant Counts' apartment "plain error"?

3. Was a state warrant to search...

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