SCHOEPFLIN v. UNITED STATES

No. 19992.

391 F.2d 390 (1968)

Emil SCHOEPFLIN and William Smith, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 2, 1968.


Attorney(s) appearing for the Case

B. Ray Anderson, Walnut Creek, Cal., for William Smith.

William S. Hochman, San Francisco, Cal., for Emil Schoepflin.

William B. Shubb, Asst. U. S. Atty., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


HAMLEY, Circuit Judge:

Emil Schoepflin and William Smith appeal from their conviction, following a joint jury trial, of robbing a federally-insured bank in violation of 18 U.S.C. § 2113(a) (1964).

On November 19, 1964, at approximately 8:25 a. m., the Fulton-Fair Oaks Branch of the Bank of America in Sacramento, California, was robbed by two men wearing nylon stockings over their heads. Smith was arrested at his apartment in a duplex early the following...

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