John Thomas Fitts v. United States

The appellant was convicted by the court sitting without a jury of the unlawful interstate transportation of a stolen car. 18 U.S.C.A. § 2312. The appellant was arrested in Texas while driving a car which it was stipulated had been stolen from a used car lot in Tulsa, Oklahoma.

The appellant was identified at trial by a man named Miller. Miller had discussed the possibility of the sale of a car to the appellant for about 10 minutes before the theft occurred. The appellant contends that this identification should have been excluded because Miller had seen him in a post indictment line-up…