UNITED STATES OF AMERICA
v.
JERRY L. CUNNINGHAM, APPELLANT
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The court held that the evidence was sufficient to establish guilt beyond a reasonable doubt and that the on-the-scene identification did not deny the appellant his rights to counsel or due process.
Appellant was charged with robbery and found guilty by a jury. He appeals, claiming insufficient evidence and denial of rights due to an on-the-scene …
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PER CURIAM:
Appellant, together with two other defendants, was charged with robbery in violation of D.C.Code § 22-2901. His co-defendants pleaded guilty. The appellant was found guilty by jury verdict. Having been sentenced to a term of imprisonment, he presents on this appeal contentions that the evidence against him was insufficient to establish guilt beyond a reasonable doubt and that he was denied rights of counsel and due process by an on-the-scene identification.
The issues presented have been accorded full consideration by this Court but are deemed not to require a detailed opinion in view of the record.
The claim of insufficient evidence is without merit. Crawford v. United States, 126 U.S.App.D.C. 156, 375 F. 2d 332 (1967); Curley v. United States, 81 U.S.App.D.C. 389, 160 F. 2d 229, cert. denied, 331 U.S. 837, 67 S.Ct. 1511, 91 L.Ed. 1850 (1947). Aside from the question raised concerning identification, there was convincing evidence of circumstances of participation culminating in physical possession by the defendant of a portion of the money which fully warranted the verdict.
If there is any Wade-Stovall problem presented, United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967), and Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967), it is not in a lineup-right-to-eounsel context, and the result is controlled by Russell v. United States, 133 U.S.App.D.C. 77, 408 F. 2d 1280, cert. denied, 395 U.S. 928, 89 S.Ct. 1786, 23 L.Ed.2d 245 (1969).
The effect of the on-the-scene “identification” within an hour of the robbery primarily was to establish similarity of clothing and general appearance as an additional circumstance in the chain leading to appellant’s apprehension with a portion of the stolen money in his possession. The in-court identification was of similar nature. Appellant is hard put here, and did not even attempt at the trial through objection or otherwise, to indicate any prejudice or inadmissibility of the evidence in question. We find no error. Accordingly, the judgments of the District Court are
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stanley v. COX, 486 F.2d 48 (4th Cir. 1973)
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United States v. Perry, 449 F.2d 1026 (D.C. Cir. 1971)
Authorities Cited
- United States v. Wade, 388 U.S. 218 (U.S. 1967)
- Stovall v. Denno, 388 U.S. 293 (U.S. 1967)
- Curley v. United States, 160 F.2d 229 (D.C. Cir. 1947)
- Commissioner of Internal Revenue v. Singer Sewing Mach. Co., 331 U.S. 837 (U.S. 1947)
- Curley v. United States, 331 U.S. 837 (U.S. 1947)
- Russell v. United States, 408 F.2d 1280 (D.C. Cir. 1969)
- Jefferson Crawford v. United States, 375 F.2d 332 (D.C. Cir. 1967)
- LaCaze v. Louisiana, 395 U.S. 928 (U.S. 1969)
- Anglin v. Maryland, 395 U.S. 928 (U.S. 1969)