SMITH v. UNITED STATES

No. 17842.

309 F.2d 165 (1962)

Warren David SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 19, 1962.


Attorney(s) appearing for the Case

Warren David Smith in pro. per.

Brockman Adams, U. S. Atty., and Ronald G. Neubauer, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and HODGE, District Judge.


MERRILL, Circuit Judge.

On June 8, 1953, appellant pleaded guilty to the crime of bank robbery as charged in three counts of an information. Count I charged theft from a bank in Lynnwood, Washington, under 18 U.S.C. § 2113(b). Count II charged entering the bank with intent to commit robbery under § 2113(a). Count III charged under § 2113(d)1 that in committing the offenses charged in the other counts, appellant had "assaulted...

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