UNITED STATES v. SMITH

No. 72-1083.

459 F.2d 12 (1972)

UNITED STATES of America, Appellee, v. Willie SMITH, Appellant.

United States Court of Appeals, Fourth Circuit.

May 9, 1972.


Attorney(s) appearing for the Case

Wade M. Smith, Charlotte, N. C., on brief for appellant.

Warren H. Coolidge, U. S. Atty., and Joseph W. Dean, Asst. U. S. Atty., on brief for appellee.

Before BOREMAN, Senior Circuit Judge, and BRYAN and WINTER, Circuit Judges.


PER CURIAM:

Appellant, Willie Smith, was convicted by a jury of aiding and abetting the theft of certain traveler's checks in violation of 18 U.S.C. § 2113(b) and 18 U.S.C. § 2 and he was committed to the custody of the Attorney General for eight years. The sole issue presented by this appeal is whether the district judge erred in failing to instruct the jury, sua sponte, that the testimony of accomplices should be carefully scrutinized.

It...

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