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TUCKER v. UNITED STATES

Nos. 24229-24231.

409 F.2d 1291 (1969)

Homer Lee TUCKER, John David Woodall, and Jerre D. Weir, Appellants, v. UNITED STATES of America, Appellee. Homer Lee TUCKER and John David Woodall, Appellants, v. UNITED STATES of America, Appellee. Homer Lee TUCKER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 19, 1969.

Attorney(s) appearing for the Case

John P. Farra, Clyde W. Woody, Marion S. Rosen, Houston, Tex., for appellant Woodall.

Edward Billingsley, Birmingham, Ala., for appellant Tucker.

Joel N. Lee, Miami Beach, Fla., for appellant Weir.

R. Macey Taylor, Asst. U. S. Atty., Birmingham, Ala., for appellee.

Before JOHN R. BROWN, Chief Judge, WISDOM, Circuit Judge, and BREWSTER, District Judge.

Rehearing Denied in No. 24229 May 19, 1969.

BREWSTER, District Judge:

Jerre Donovan Weir, Homer Lee Tucker, John David Woodall and wife, Carol Joyce Woodall, were jointly indicted for robbery of the federally insured Green Valley Branch of the First National Bank of Birmingham, Alabama, on June 3, 1965, by putting the life of one of its money custodians in jeopardy through the use of a pistol.

Each of the defendants pled not guilty at the time of arraignment...

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