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UNITED STATES v. YORK

No. 23911.

440 F.2d 252 (1971)

UNITED STATES of America v. James E. YORK, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1971.

Attorney(s) appearing for the Case

Mr. William M. Barnard, Washington, D. C. (appointed by this court) for appellant.

Mr. Roger M. Adelman, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Mr. Edwin K. Hall, Asst. U. S. Atty., also entered an appearance for appellee.

Before WRIGHT, ROBINSON and ROBB, Circuit Judges.

PER CURIAM:

On the first appeal in this case, we remanded to the District Court for an appropriate determination as to whether there was an independent source for appellant's in-trial identification by the Government's principal witness.1 On the remand, the District Court held an evidentiary hearing and, as delineated in its written opinion,2 concluded that there was,3 and that...

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