UNITED STATES v. LEYSITH

No. 12964.

411 F.2d 1184 (1969)

UNITED STATES of America, Appellee, v. James Henry LEYSITH, Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 19, 1969.


Attorney(s) appearing for the Case

Herbert H. Thorp, Fayetteville, N. C. (on brief) for appellant.

W. Arnold Smith, Asst. U. S. Atty. (Robert H. Cowen, U. S. Atty., on brief) for appellee.

Before SOBELOFF, BOREMAN and CRAVEN, Circuit Judges.


PER CURIAM:

Seeking reversal of his conviction for armed bank robbery in violation of 18 U.S.C. § 2113(d), the appellant challenges as prejudicial a portion of the District Court's charge to the jury. The jury was informed that, in determining guilt or innocence, it might consider any false exculpatory statements made by the defendant. Since the record reveals no evidentiary basis for the instruction, this portion of the court's charge is clearly irrelevant....

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