United States v. Rufus Williams

This is an appeal from a judgment of conviction, after jury trial, of a single count of bank robbery in violation of 18 U.S.C. § 2113 (a).

We reverse.

A branch of the Bank of America in San Diego, California, was robbed on February 16, 1978, by a lone black man. A grand jury from the Southern District of California charged the appellant, Rufus Williams, with the offense.

Investigation of the crime led the F.B.I. agent in charge of the case to conclude that the robber wore a wig during the robbery. On March 4, 1978, a United States Magistrate ordered appellant to participate in a line-up. The order required the accused to speak certain phrases and don a wig during the procedure. Because appellant indicated his intent to refuse to comply with the order of the magistrate, a hearing was held before the district judge assigned to the trial of the case. The Court affirmed the order requiring defendant to submit to the line-up, speak the phrases indicated, and to wear the wig. The line-up was thereafter conducted. Each participant in the line-up, in sequence, donned the wig and spoke the required words.

The bank teller, approached by the robber at the time of the robbery, gave a…