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UNITED STATES v. CARON

No. 251, Docket 25039.

266 F.2d 49 (1959)

UNITED STATES of America, Appellee, v. Henry Paul Norman CARON and Michael Joseph Castello, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 20, 1959.

Attorney(s) appearing for the Case

Lee W. Meyer, New York City (Florence M. Kelley, New York City, on the brief), for defendant-appellant Henry Paul Norman Caron.

Abraham H. Brodsky, New York City (Lee W. Meyer, New York City, on the brief), for defendant-appellant Michael Joseph Castello.

Marie L. McCann, Asst. U. S. Atty., for Eastern District of New York, Brooklyn, N. Y. (Cornelius W. Wickersham, Jr., U. S. Atty., and Richard B. Cooper, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y., on the brief), for the United States.

Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.

HINCKS, Circuit Judge.

The only question presented by this appeal arises from the admission, at trial, of the confession of one Henegan, a co-defendant tried and convicted in the same trial as these appellants. There was evidence which tended to show that on March 22, 1955, a lone man armed with a gun partly concealed by an umbrella held up a teller at the Liberty Avenue Branch of the Bank of Manhattan and escaped with $3,320. The teller identified Henegan as the...

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