The following excerpt is from Allen v. Rhay, 431 F.2d 1160 (9th Cir. 1970):
Nor has he alleged any other facts about the line-up that were suggestive for the purpose of identification. He contends that at the line-up he was identified as the robber of a different tavern than the one involved in his arrest. There is no merit to this contention. His allegations fail to show that viewing the "totality of the circumstances," the "confrontation * * * was so unnecessarily suggestive and conducive to irreparable mistaken identity that he was deprived of due process of law." Stovall v. Denno, supra, p. 302, 87 S.Ct. p. 1972.
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