UNITED STATES v. PEELE

No. 77-2306.

574 F.2d 489 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Willie PEELE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 5, 1978.


Attorney(s) appearing for the Case

Thomas W. Hillier, II, Seattle, Wash., for defendant-appellant.

Robert Westinghouse, Seattle, Wash., for plaintiff-appellee.

Before BROWNING, GOODWIN, and KENNEDY, Circuit Judges.


KENNEDY, Circuit Judge:

The appellant, Peele, challenges his conviction for bank robbery under 18 U.S.C. §§ 2, 2113(a) & (d). The sole issue here is whether the trial court erred in refusing to hold an evidentiary hearing to determine whether a newspaper photograph identifying Peele as the robber was so suggestive to eyewitnesses that exclusion of their trial testimony was required. We affirm.

On January 27, 1977 two armed men entered and robbed...

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