United States v. Gathel Ammon Beaton, Ruben Ernest Griffin

In a trial without jury, the appellants were convicted of the crime of bank robbery. 18 U.S.C. § 2113 (a). After the robbery, government agents were able, by means of descriptions, including that of a vehicle, to trace the appellants to a certain apartment dwelling. Griffin was arrested as he left the dwelling, and Beaton was arrested inside the dwelling. The appellants were then fully advised of their rights orally under the requirements of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). They did not, however, at that time, or at any other time in question, request the presence of an attorney. After they were taken into custody, the arresting government agents transported them to the bank, where Beaton was identified by bank employees as one of the culprits. On this appeal the appellants contend that this procedure must be equated with the so-called lineup procedure and that, before being exposed to the identifying witnesses, they should have again been advised of their right to the presence of an assisting attorney. We do not reach the merits of that contention. If it be conceded, arguendo, that the identification procedure was a lineup, and even a…