UNITED STATES v. HOLLEY

No. 73-2299.

502 F.2d 273 (1974)

UNITED STATES of America, Appellee, v. Albert Junior HOLLEY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 20, 1974.


Attorney(s) appearing for the Case

Charles W. Hawks, Jr., Portsmouth, Va. [Court-appointed counsel], Hawks & Hawks, Portsmouth, Va., on brief), for appellant.

Roger T. Williams, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and FIELD, Circuit Judges.


CRAVEN, Circuit Judge:

In this bank robbery appeal we are concerned once again with the possibility of mistake and conviction of an innocent person inherent in the one-on-one positive identification rule. It is now settled beyond argument that the identification of a criminal actor by one person is itself evidence sufficient to go to the jury and support a guilty verdict and that application of this rule is not so fundamentally unfair as to be per se a denial of due...

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