GALLAGHER v. UNITED STATES

No. 19233.

406 F.2d 102 (1969)

Clarence Patrick GALLAGHER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

January 24, 1969.


Attorney(s) appearing for the Case

Albert A. Wolf, of Wolf, Glaser & Milhollan, Bismarck, N. D., for appellant.

Gary Annear, Asst. U. S. Atty., Fargo, N. D., for appellee; John O. Garaas, U. S. Atty., on the brief.

Before BLACKMUN, GIBSON and HEANEY, Circuit Judges.


GIBSON, Circuit Judge.

The defendant Clarence Patrick Gallagher was convicted in a jury trial of robbing the federally insured State Bank of Burleigh County, Sterling Exchange, of Sterling, North Dakota, in violation of 18 U.S.C. § 2113 and was sentenced to ten years imprisonment.

On appeal he raises three issues: (1) insufficiency of the evidence, (2) failure of the court to sustain his motion to suppress evidence found in a search of defendant's automobile...

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