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UNITED STATES v. ROGERS

No. 8214.

289 F.2d 433 (1961)

UNITED STATES of America, Appellee, v. James Hugh ROGERS, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 4, 1961.

Attorney(s) appearing for the Case

Elliott T. Halio, Charleston, S. C. (Court-assigned counsel), for appellant.

Arthur G. Howe, Asst. U. S. Atty., Charleston, S. C. (N. Welch Morrisette, Jr., U. S. Atty., Columbia, S. C., on the brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and BRYAN, District Judge.

HAYNSWORTH, Circuit Judge.

The defendant has appealed from his conviction under the "bank robbery statute,"1 complaining that the proof did not show the commission of larceny and that the verdict of the jury was coerced by the Court's instructions. We think the proof did support the conviction, but that a new trial should be granted because of the possibly coercive effect of the Court's instructions...

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