UNITED STATES v. DE PALMA

No. 23297.

414 F.2d 394 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. William DE PALMA, Defendant-Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 2, 1969.


Attorney(s) appearing for the Case

Morris Lavine (argued), Los Angeles, Cal., for appellant.

Darrell W. MacIntyre (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Crim. Div., Los Angeles, Cal., for appellee.

Before BARNES and CARTER, Circuit Judges, and THOMPSON, District Judge.


BARNES, Circuit Judge:

Appellant, on conflicting evidence, was convicted by a jury of violating 18 U.S.C. § 2113(a) (d). In the course of the bank robbery, appellant was alleged to have "assaulted and put in jeopardy the life of teller Ernestine Cazares by the use of a pistol, a dangerous weapon and device." Because of certain matters urged in defense, including the defense of the insufficiency of the evidence to convict, we turn to the evidence.

The...

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