UNITED STATES v. WALKER

No. 23870.

415 F.2d 530 (1969)

UNITED STATES of America, Appellee, v. Marion Lee WALKER, Appellant.

United States Court of Appeals Ninth Circuit.

August 14, 1969.


Attorney(s) appearing for the Case

Cassandra Dunn (argued), Fresno, Cal., for appellant.

William B. Shubb (argued), Asst. U.S. Atty., John P. Hyland, U.S. Atty., Richard V. Boulger, Asst.U.S.Atty., Fresno, Cal., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and KILKENNY, District Judge.


PER CURIAM.

Marion Lee Walker (Lee) was charged, under 18 U.S.C. § 3, with being an accessory after the fact to a bank robbery allegedly committed by his brother, Junior Harold Walker (Junior). Lee was convicted following a jury trial and takes this appeal.

At the time Lee was tried, Junior had not been convicted of the bank robbery. Because of this circumstance, Lee argues that the trial court, upon its own motion, should have entered a judgment of acquittal...

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