United States v. Edgar L. Hamilton

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was convicted of robbery 1 and assault with a dangerous weapon 2 growing out of the holdup of James R. Shanks, a D. C. Transit bus driver, in the early evening of November 9, 1967. The contention presented on appeal is that Shanks’ in-court identification of appellant as the perpetrator of those offenses was fatally tainted by a pretrial photographic identification. 3 We disagree, and accordingly we affirm the conviction.

Shanks, alone in his lighted bus before turning around at the end of his route, saw a man, unknown to him, standing…