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UNITED STATES v. FOSHER

No. 77-1113.

568 F.2d 207 (1978)

UNITED STATES of America, Appellee, v. Michael FOSHER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 4, 1978.

Attorney(s) appearing for the Case

Andrew Good, Boston, Mass., by appointment of the court, 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, and CAMPBELL and TUTTLE, Circuit Judges.

TUTTLE, Circuit Judge.

On June 1, 1976, the defendant, Michael Fosher, was indicted for armed robbery of a federally insured bank and assault of bank employees with a dangerous weapon.1 Following a three-day jury trial, defendant was convicted of both defenses. He did not testify in his own defense. On appeal, defendant contends that the district court committed reversible error by admitting into evidence a "mug shot"

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