UNITED STATES v. EUSTACE

No. 396, Docket 34076.

423 F.2d 569 (1970)

UNITED STATES of America, Appellee, v. James Francis EUSTACE, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 31, 1970.


Attorney(s) appearing for the Case

Lars I. Kulleseid, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., Leonard M. Marks, Asst. U. S. Atty., Southern District of New York, on the brief), for appellee.

Robert Mitchell, New York City, for appellant.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and JUDD, District Judge.


JUDD, District Judge:

James Francis Eustace appeals from a judgment of conviction entered on August 5, 1969, after a jury trial (Walter R. Mansfield, J.). He was convicted on both counts of a two-count indictment charging him with bank robbery and with assault and the use of a revolver in the commission of the robbery, in violation of 18 U.S.C. § 2113(a) and (d).

There was evidence at the trial tending to prove that on Wednesday, October 23, 1968, at...

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