George W. Bates v. United States

BURGER, Circuit Judge:

Appellant was convicted on two counts of housebreaking, 22 D.C.Code 1801, and two counts of assault with a dangerous weapon, 22 D.C.Code 502, and appeals on the ground that his identification by one of the complaining witnesses was the result of an unnecessarily suggestive confrontation under Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967).

The complaining witnesses, two women, established at trial that at approximately 11:30 P.M. on July 12, 1966, Appellant allegedly entered their 3rd floor apartment on .New Hampshire Avenue, N.W. One woman had…