United States v. Patrick Vincent Butler

McENTEE, Circuit Judge.

On January 9, 1968, a federally-insured bank located in North Providence, Rhode Island, was robbed by two men, one of whom remained in the getaway car. Defendant, who was identified by six witnesses as the man who entered the bank, was convicted of the crime and appeals. He assigns four grounds as error. He first claims that pre-trial photographic identifications made by four witnesses were improperly suggestive and vitiated subsequent in-court identifications because the government failed to sustain its burden of establishing an independent basis for the in-eourt…