LEWIS v. UNITED STATES

No. 21234.

373 F.2d 576 (1967)

Joe Sears LEWIS, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 29, 1967.


Attorney(s) appearing for the Case

Gordon G. Waterfall, Tucson, Ariz., for appellant.

William P. Copple, U. S. Atty., Philip Fahringer, JoAnn D. Diamos, Asst. U. S. Attys., Tucson, Ariz., for appellee.

Before JONES, Judge, U. S. Court of Claims, and BARNES and JERTBERG, Circuit Judges.


BARNES, Circuit Judge:

Appellant was convicted by a jury on two counts, one, of robbing a bank of $7,450 (18 U.S.C. § 2113(a)), and two, of robbing a bank using a deadly weapon (18 U.S.C. § 2113(d)). Jurisdiction below existed under 18 U.S.C. § 3231, and exists here. 28 U.S.C. § 1291. Appellant was sentenced to two concurrent ten year terms.

His defense was an alibi: that he had not been near the Arizona Bank, El Conquistador Branch, 3805...

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