POPE v. UNITED STATES

No. 18272.

372 F.2d 710 (1967)

Duane Earl POPE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 14, 1967.


Attorney(s) appearing for the Case

Wallace M. Rudolph and Robert B. Crosby, Lincoln, Neb., for appellant.

Theodore L. Richling, U. S. Atty., Omaha, Neb., for appellee.

Before VOGEL, Chief Judge, and VAN OOSTERHOUT, MATTHES, BLACKMUN, MEHAFFY, GIBSON, and LAY, Circuit Judges, sitting en banc.


BLACKMUN, Circuit Judge.

The defense on this appeal concedes that shortly before noon on Friday, June 4, 1965, Duane Earl Pope, when armed with a gun, robbed the Farmers State Bank at Big Springs, Nebraska, a federally insured institution, of $1,598, and, in the course of that robbery, shot and killed three employees of the bank and seriously wounded a fourth.

A 6-count indictment was returned on June 22 charging Pope with violations of the bank robbery statute...

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