George Irwin Plies v. United States

This is an appeal from a judgment of conviction, based on a jury verdict of guilty, on a one-count indictment charging appellant with robbery of a national bank in violation of Title 18, U.S.C. § 2113 (a).

The specifications of error relied on by appellant are (1) that the police lineup conducted on July 2, 1969, was im-permissibly suggestive and deprived the appellant of due process of law, and (2) that the trial court erred in permitting the appellant to testify in regard to his prior felony convictions without first conducting a hearing to determine whether the prejudicial effect of such testimony would outweigh the probative value of such testimony.

A careful examination of the record of the trial clearly reveals that there is no merit to either of appellant’s specifications of error and that the judgment of conviction must be affirmed.

Although the appellant raises the question of the impropriety of a line-up conducted by the police department in Visalia, California, for identification purposes, the record discloses that only a brief reference was made in regard to such line-up in the trial court by way of cross-examination of a government witness, Patricia Ann Ward, the…