David Proctor v. United States

J. SKELLY WRIGHT, Circuit Judge:

Appellant was convicted on three counts of robbery and sentenced to imprisonment for from two to six years on each count, sentences to be served concurrently. On appeal we consider, first, whether testimony as to a statement Proctor made at the police station was admissible under Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and second whether an in-court identification was proper under Stovall v. Denno, 388 U.S. 293, 87 S.Ct.1967, 18 L.Ed.2d 1199 (1967). We conclude that further facts are necessary before either point can be…