UNITED STATES v. NELSON

No. 23039.

419 F.2d 1237 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Roy Arthur NELSON, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

November 20, 1969.


Attorney(s) appearing for the Case

Victor V. Hoff (argued), Seattle, Wash., for appellant.

John M. Darrah (argued), Asst. U. S. Atty., Eugene G. Cushing, U. S. Atty., Seattle, Wash., for appellee.

Before HAMLIN, MERRILL, and BROWNING, Circuit Judges.


BROWNING, Circuit Judge:

Roy Arthur Nelson and Frank Brewton were indicted for robbery of a federally-insured institution in violation of 18 U.S.C. § 2113(a) (1964). Brewton was found incompetent to stand trial. Nelson was tried separately and convicted. He has appealed on three grounds, all of which relate to the use of circumstantial evidence to secure his conviction.

The government offered direct evidence of the following facts. Brewton entered a bank...

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