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UNITED STATES v. KAVANAGH

No. 77-1372.

572 F.2d 9 (1978)

UNITED STATES of America, Appellee, v. Thomas Michael KAVANAGH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

March 20, 1978.

Attorney(s) appearing for the Case

William P. Homans, Jr., Boston, Mass., with whom Homans, Hamilton & Lamson, Boston, Mass., was on brief, for defendant, appellant.

Robert B. Collings, Asst. U. S. Atty., Chief, Crim. Div., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

COFFIN, Chief Judge.

A criminal defendant seeks reversal of his bank robbery conviction on the ground that the district court refused to charge in accordance with Barber v. United States, 442 F.2d 517, 528 (3d Cir. 1971), that eyewitnesses' identification testimony should be "received with caution and scrutinized with care". We join eight other circuits in approving use of the Barber charge, or variations of it, in the...

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