Jesse Willard v. United States

Appellant was convicted by a jury of robbing a Federal credit union with a dangerous weapon in violation of 18 U.S. C. § 2113(a), (d), (g).

His principal contention on appeal involves a lineup held shortly after the robbery with counsel present. At the lineup appellant, who at that time wore his hair straightened, or “processed,” was placed together with five other men, all of whom wore their hair unstraight-ened, or “natural.” Two witnesses to the robbery, who had previously told police that the culprit had processed hair, identified appellant at the lineup. One of these witnesses testified at the trial to the identification made at the lineup. The other witness made an in-court identification of the defendant.

Appellant argues that the lineup to which he was subjected was so unnecessarily suggestive as to deprive him of due process of law. Stovall v. Denno, 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 (1967); cf. People v. Caruso, 68 Cal.2d 183 , 65 Cal.Rptr. 336 , 436 P.2d 336 (1968). He urges that the trial court erred in admitting testimony as to the identification of defendant at the lineup, and again in permitting an in-court identification of the defendant without…