Court of Appeals for the Ninth Circuit February 8, 1972, 71-1923 (Preston R. Griff v. B. J. Rhay, Superintendent of the Washington State Penitentiary, State of Washington)

PER CURIAM:

Griff was convicted of grand larceny by a Pierce County, Washington, jury. Prior to trial, his counsel moved to suppress testimony of eye-witnesses because it allegedly was based on an unconstitutional photo session, which was held during the investigatory stage of the ease. The trial judge denied the motion.