UNITED STATES v. McCARTHY

No. 13342.

301 F.2d 796 (1962)

UNITED STATES of America, Appellee v. Paul James McCARTHY, Appellant.

United States Court of Appeals Third Circuit.

Decided March 1, 1962.


Attorney(s) appearing for the Case

Joseph E. Gallagher, Scranton, Pa., for appellant.

Daniel R. Minnick, Asst. U. S. Atty., Scranton, Pa. (Bernard J. Brown, U. S. Atty., Scranton, Pa., U. S. Atty., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The defendant was convicted of bank robbery and appeals. On his behalf it is strongly argued that the evidence was not sufficient to justify the case going to the jury. While the jury under the evidence could have decided either way, we must agree with the district judge that a jury question was presented.

Appellant's other two points are substantial and call for a new trial. The first of these presents a Jencks Act situation. The...

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