United States v. Willie Eddie Edwards

Willie Eddie Edwards appeals from his conviction, after a jury trial, on all four counts of an indictment charging that, on November 30, 1968, he possessed, concealed, uttered and published counterfeit Federal Reserve notes, in violation of 18 U.S.C. § 472 .

Edwards’ only point on appeal is that he was denied his-right to counsel when, subsequent to his arrest, but before indictment, his photograph was identified by a witness as the perpetrator of the crime, at which time he was not afforded the opportunity to have counsel present.

The two transactions which led to Edwards’ conviction occurred between 7:30 and 8:30 p. m., November 30, 1968, at a market and a nearby liquor store in Cor-r doran, California. Five persons witnessed various phases of the two transactions and all identified Edwards at the trial. One had noted the license number of the automobile being used by the offender. By 9:00 p. m. that evening the police traced this car to Edwards and arrested him.

Later that evening one of the witness-. es, Mrs. Paul Magana, went to the police station and initialed a photograph of Edwards which the police showed to her. On direct examination at the trial, Mrs. Magana first…