United States v. Norman Laverne Wilcox

DONALD RUSSELL, Circuit Judge:

The defendant appeals from his conviction for bank robbery on two grounds: One is the refusal to suppress in-court identification testimony allegedly tainted by an illegal pretrial lineup; the other, the admission of the testimony of two so-called “surprise” government witnesses. We find the contentions to be without merit and accordingly affirm the conviction.

The North Graham Street Branch of the First Union National Bank, Charlotte, North Carolina, was robbed in the afternoon of August 31, 1972 by two black individuals. A bank teller and an eyewitness to . the…