UNITED STATES v. MITCHELL

No. 18065.

427 F.2d 644 (1970)

UNITED STATES of America v. Wallace Melvin MITCHELL, Paul John Forrest, Edward John Kerns, William Earl Ziefel, Edward John Kerns, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 11, 1970.

Rehearing Denied July 24, 1970.


Attorney(s) appearing for the Case

Paul A. Barrett, Scranton, Pa., for appellant.

Harry C. Nagle, Asst. U. S. Atty., Lewisburgh, Pa., S. John Cottone, U. S. Atty., Scranton Pa., for appellee.

Before ALDISERT and ADAMS, Circuit Judges, and HIGGINBOTHAM, District Judge.


OPINION OF THE COURT

ADAMS, Circuit Judge.

Appellant, Edward Kerns, and three other men were indicted for the robbery of a federally-insured bank in violation of 18 U.S.C. § 2113(d). The three co-defendants, Wallace Mitchell, Paul Forrest and Earl Ziefel, pleaded guilty. Kerns pleaded not guilty, and was tried by a jury before the Honorable Michael H. Sheridan.

The bank robbery occurred on June 28, 1968. The government's evidence at trial established...

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