United States v. James S. Stinson

Convicted of robbing a national bank at gun point, 18 U.S.C. § 2113 (a), (d), Stinson appeals. There is ample evidence to sustain the conviction.

A bank guard who identified Stinson as one of the robbers testified on cross-examination that he had picked out Stinson and another at a lineup, but could not then make a positive identification. The testimony of a bank teller on cross-examination was that she was unable to identify Stinson at the lineup. She did not identify Stinson at the trial. A woman customer identified Stinson in court. On cross-examination she testified that she also picked him out at the lineup. Another witness said that Stinson had admitted to her that he was in the bank at the time of the robbery. Stinson’s finger prints were found on one of two getaway cars. It belonged to Stinson’s brother.

There is nothing in the record to show that the lineup was conducted in violation of the rule in United States v. Wade, 1967, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 . Trial counsel did not ask for a hearing on the question, nor assert any claim that there had been a violation of the Wade rule. New counsel on appeal contends thati the court should have held a…