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UNITED STATES v. IRBY

Nos. 74-1674, 74-1675.

517 F.2d 506 (1975)

UNITED STATES of America, Appellee, v. Lester IRBY, Appellant. UNITED STATES of America, Appellee, v. Eric Sylvester SMITH, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 3, 1975.

Attorney(s) appearing for the Case

Jay S. Engerman, Baltimore, Md. (Sophia L. Swope, Baltimore, Md., on brief), for appellant Lester Irby.

Joseph F. Lentz, Jr., Baltimore, Md., for appellant Eric Sylvester Smith.

Donald H. Feige, Asst. U. S. Atty. (George Beall, U. S. Atty., on brief), for appellee.

Before WINTER, BUTZNER and WIDENER, Circuit Judges.

PER CURIAM:

We find no error in the trial and conviction of these defendants.

The showing of photographs taken during the course of the bank robbery to witnesses prior to their selecting photographs of defendants Irby and Smith from a photographic lineup was not unduly suggestive since it is not disputed that the first set of photographs accurately depicted the robbery as it occurred. Use of the first set of photographs...

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