McALLISTER v. BROWN

No. 76-3970.

555 F.2d 1277 (1977)

Eugene K. McALLISTER, Petitioner-Appellee, v. Bruce BROWN, Warden, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 15, 1977.


Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Atlanta, Ga., Robert S. Stubbs, II, Chief Deputy Atty. Gen., Richard L. Chambers, Deputy Atty. Gen., Kirby G. Atkinson, Staff Asst. Atty. Gen., John C. Walden, Asst. Atty. Gen., for respondent-appellant.

Professor Frank P. Samford, III, Atlanta, Ga., for petitioner-appellee.

Before TUTTLE, TJOFLAT and HILL, Circuit Judges.


PER CURIAM:

A Georgia jury convicted appellee McAllister of armed robbery of a jewelry store. At the trial, the prosecutor asked a police officer how the robbers had been identified. The policeman testified that an unnamed informant reported that McAllister had claimed responsibility for the crime. The policeman then obtained a photograph of McAllister which, along with several others, he showed to the store's proprietors. They identified McAllister. They later identified...

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