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UNITED STATES v. HICKS

No. 72-1783.

495 F.2d 137 (1974)

UNITED STATES of America v. Joseph K. HICKS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 5, 1974.

Attorney(s) appearing for the Case

William T. Shannon, Washington, D. C. (appointed by this court), for appellant. Remsen B. Ogilby, Washington, D. C. (appointed by this court), also entered an appearance for appellant.

Edward D. Ross, Jr., Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Harold H. Titus, Jr., U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before HASTIE, Senior Circuit Judge, and WRIGHT and ROBB, Circuit Judges.

PER CURIAM:

Appellant was convicted of a violation of the Bomb Threats Act, 18 U.S.C. § 844(e) (1970). The question presented on appeal relates to the admission in evidence of pretrial voice identification of appellant from a single recording. Appellant argues that the pretrial identification was impermissibly suggestive under Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967), and therefore inadmissible in evidence...

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