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UNITED STATES v. WILLIAMS

Nos. 22380, 22381.

421 F.2d 1166 (1970)

UNITED STATES of America v. Thomas A. WILLIAMS, Appellant. UNITED STATES of America v. William H. BETHEL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 1970.

Attorney(s) appearing for the Case

Mr. Dickson R. Loos, Washington, D. C. (appointed by this court) for appellants.

Mr. James L. Lyons, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and James R. Phelps, Asst. U. S. Attys., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before WRIGHT, McGOWAN and ROBINSON, Circuit Judges.

McGOWAN, Circuit Judge:

These appeals from a jury conviction of robbery and assault with a dangerous weapon present only two claims for reversal. The first is that the in-court identification made by the victim at trial was fatally tainted by a pretrial photographic identification. See Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968). This issue was, however, made the subject

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