United States v. Louis Phillip Ayendes and James Frazier Noles

LIVELY, Circuit Judge.

On appeal from their convictions for armed bank robbery the appellants contend that photographic arrays shown to eyewitnesses were so unnecessarily and impermissibly suggestive as to require suppression of in-court identifications of the appellants by these witnesses. Each case involving the issue of pretrial photographic identification must be considered on its own facts.

A branch of the Second National Bank of Warren, Ohio was robbed by two white men at approximately 2:00 p. m. on January 9, 1975. Though both robbers had made some attempt to disguise their appearance,…