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UNITED STATES v. JONES

No. 19384.

418 F.2d 818 (1969)

UNITED STATES of America, Appellee, v. Herbert Ray JONES, Appellant.

United States Court of Appeals Eighth Circuit.

September 24, 1969.

Attorney(s) appearing for the Case

Murray L. Galinson of Mullin, Galinson, Swirnoff & Weinberg, Minneapolis, Minn., for appellant.

J. Earl Cudd, Asst. U. S. Atty., Minneapolis, Minn., for appellee; Patrick J. Foley, U. S. Atty., Minneapolis, Minn., on the brief.

Before BLACKMUN, LAY and HEANEY, Circuit Judges.

LAY, Circuit Judge.

Defendant was convicted and sentenced for armed robbery of a federally insured bank under 18 U.S.C. § 2113(d).1 The indictment alleged that while committing this act the defendant assaulted and placed in jeopardy the lives of five persons. The defendant urges several grounds for reversal. We need only discuss the claim of insufficient evidence, which we sustain.

The facts show that on February 21, 1967...

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