United States v. James Edward Weeks, 487 F.2d 342

PER CURIAM:

The principal issue raised in this appeal is whether in-court identifications were tainted by pre-trial photographic displays. The record contains substantial evidence that the photographic identification procedure did not “give rise to a very substantial likelihood of irreparable misidentification,” Simmons v. United States, 1968, 390 U.S. 377, 384, 88 S.Ct. 967, 971, 19 L.Ed.2d 1247, 1253, and that the in-court identifications were based on observation of the appellant during the crime. We need not reach this issue, however, because it was not preserved for appeal by appropriate objection during the trial. The admission of the in-court identification being free of plain error, and appellant’s other points of appeal being without merit, the judgment of the court below is therefore

Affirmed.

Case Details

Case Name: United States v. James Edward Weeks

Court Name: Court of Appeals for the Fifth Circuit

Date Published: Nov 21, 1973

Citations: 487 F.2d 342; 1973 U.S. App. LEXIS 6900; 73-2362

Docket Number: 73-2362

Court Abbreviation: 5th Cir.