Otis Solomon v. United States

J. SKELLY WRIGHT, Circuit Judge.

Appellant Solomon stands convicted of robbery and assault with a dangerous weapon (a shod foot). On appeal he asserts for the first time that the admission of certain eyewitness identification testimony at trial deprived him of due process and violated his right to counsel. We affirm.

I

The evidence showed that the complaining witness, Simms, was walking home on the night of October 9, 1967, when he was set upon by a group of young men. A young woman, Miss Ab-ney, observed the confrontation, at first from a distance of a few feet, and then from a safer position…