John Phillips McClard Carroll Franklin Simmons, and Verlon Hershel Ussery v. United States

I cannot concur in the majority opinion. I do not believe that any man should be convicted of any crime when the government proves only suspicion and circumstances and totally fails to properly prove identification of those persons charged.

*502With all due respect to the majority’s experienced judgment, the record fails to show in any way the essential identification of the three defendants with the crime charged. Individual identification of each of the three defendants is necessary, but totally lacking. Mass identity is even obscured by the government’s proof. The law asks very little in…