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WILLIAMS v. UNITED STATES

Nos. 10437, 10464.

379 A.2d 698 (1977)

Daniel M. WILLIAMS, Appellant, v. UNITED STATES, Appellee. Charles CALDWELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 25, 1977.

Attorney(s) appearing for the Case

Michael Stuart Lieber, Washington, D. C., appointed by this court for appellant Williams, adopted the brief of appellant in No. 10464, but did not participate in argument.

John W. King, Washington, D. C., appointed by this court, for appellant Caldwell.

Mary Ellen Abrecht, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, and Harry R. Benner, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before NEBEKER and HARRIS, Associate Judges, and PAIR, Associate Judge, Retired.

NEBEKER, Associate Judge:

On this appeal from their convictions of armed robbery (D.C. Code 1973, §§ 22-2901, -3202), appellants contend (1) that the admission of testimony regarding an out-of-court identification of one appellant from a lineup photograph was error because of the suggestive circumstances surrounding the identification and the fact that the appellant was not represented by counsel at the identification proceeding; (2) that it was error to...

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