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UNITED STATES v. SHERRY

No. 7392.

318 A.2d 903 (1974)

UNITED STATES, Appellant, v. Edward L. SHERRY, Appellee.

District of Columbia Court of Appeals.

Decided April 12, 1974.

Attorney(s) appearing for the Case

Regina C. McGranery, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Joseph F. McSorley, Asst. U. S. Attys., were on the brief, for appellant.

George F. Knox, Sr., Washington, D. C., appointed by the court, for appellee.

Before REILLY, Chief Judge, and KERN and HARRIS, Associate Judges.

KERN, Associate Judge:

The government appeals from an order entered by the trial court after a pretrial hearing (a) suppressing photographic and lineup identifications and (b) excluding any in-court identification of appellee by the complaining witness. We are constrained to reverse and remand for further proceedings.

The complaining witness was robbed by three men in broad daylight on the streets of Washington. Within 15 minutes he had given descriptions...

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