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LYDA v. UNITED STATES

No. 18156.

321 F.2d 788 (1963)

Gordon Arthur LYDA and Albert Francis Perrault, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 22, 1963.

Attorney(s) appearing for the Case

James F. Kirkham, San Francisco, Cal., for appellant Perrault.

Elbert G. Bennett, San Francisco, Cal., for appellant Lyda.

Cecil F. Poole, U. S. Atty., and Terry J. Hatter, Jr., Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS, HAMLIN and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

Albert Francis Perrault was convicted on two counts of armed bank robbery (18 U.S.C. § 2113(a) and (d)), the first count charging a robbery of the MacArthur and 96th Avenue branch of the Bank of America in Oakland "on or about" October 8, 1961,1 and the second a robbery of the same branch on January 31, 1962. Gordon Arthur Lyda was charged and convicted only under the second count. With

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