Bernard A. Johnson v. United States

Two police detectives cruising in a squad car, at night, saw one Davis lying on a sidewalk. One of the detectives testified that appellant, a co-defendant, and a third man who ran away and was not apprehended, were “standing over” Davis; that the defendants were “holding the man by his shoulder”; and that the third man was “going through [Davis’s] pockets.” The other detective, who was on the side of the car nearest the scene, saw that the defendants “were over the man”, “were bent down over him”, but “couldn’t say what they were doing.”

The defendants were arrested walking away from the…