United States v. Gary Thomas Butcher

BARNES, Senior Circuit Judge:

Butcher appeals his conviction by a jury on a one-count bank robbery charge (18 U.S.C. § 2113(a)). He raises two issues:

I. Did the trial court err in permitting law enforcement officers to testify, solely on the basis of prior contacts and conversations with the defendant, that in their opinion the defendant was the person depicted in bank surveillance photographs?

II. Did the trial court err in refusing to give the special jury instruction on eyewitness identification requested by the defendant?

FACTS:

On May 18, 1976, a lone robber took approximately $1,500.00 from…