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Criminal Procedure Keyed to Ohlin
Simmons v. United States
Citation:390 U.S. 377 (1968)
The evidence at trial showed that at about 1:45 P.M. on February 27, 1964, two men entered a Chicago savings and loan association. One of them pointed a gun at a teller and ordered her to put money into a sack. Within an hour police located the suspects’ places. The following morning the FBI obtained some snapshots of the suspects. These snapshots were shown to the five bank employees who had witnessed the robbery. Each witness identified pictures of Simmons as representing one of the robbers. A week later, three of these employees identified photographs of petitioner Garrett as depicting the other robber, the other two witnesses stating that they did not have a clear view of the second robber. The petitioners subsequently were indicted and tried for the robbery. During the trial, all five bank employee witnesses identified Simmons as one of the robbers. Three of them identified Garrett as the second robber. The jury found Simmons and Garrett guilty.
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