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UNITED STATES v. FABIO

Nos. 11586, 11602.

394 F.2d 132 (1968)

UNITED STATES of America, Appellee, v. Frank FABIO, Appellant. UNITED STATES of America, Appellee, v. Frank VUONO, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 12, 1968.

Attorney(s) appearing for the Case

Michael A. Querques, Orange, N. J. (Harvey Weissbard, and Querques & Isles, Orange, N. J., on brief), for appellant, Frank Fabio.

James A. Ostendorf, Baltimore, Md., court-appointed counsel, for appellant, Frank Vuono.

Stephen D. Shawe, Asst. U. S. Atty. (Stephen H. Sachs, U. S. Atty., on brief), for appellee.

Before SOBELOFF and BUTZNER, Circuit Judges, and MERHIGE, District Judge.

PER CURIAM.

Frank Fabio and Frank Vuono were tried jointly and convicted of robbing a federal savings and loan association. Fabio contends the summation of the prosecuting attorney was prejudicial, and that the trial judge erroneously excluded a police report and wrongfully admitted evidence of identification at a lineup. Vuono assigns error to the trial judge's failure to disqualify himself, and to the judge's admonition that the jury should disregard a part of the...

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