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SMITH v. UNITED STATES

No. 17198.

291 F.2d 220 (1961)

Joe Bradley SMITH and Myron Parker, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 31, 1961.

Attorney(s) appearing for the Case

Harry E. Claiborne, Las Vegas, Nev., for appellants.

Howard W. Babcock, U. S. Atty., and Raymond E. Sutton, Asst. U. S. Atty., Las Vegas, Nev., for appellee.

Before HAMLEY and MERRILL, Circuit Judges, and WALSH, District Judge.

MERRILL, Circuit Judge.

This appeal is taken from conviction of the crime commonly known as bank robbery. 18 U.S.C. § 2113(b).1 It challenges the sufficiency of the evidence to establish two elements of the crime: (1) the taking and carrying away of property; (2) the victim's lack of consent to the taking.

The government's principal witness was a teller at the Bank of Nevada at Las Vegas, Nevada. He testified that he had known...

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