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UNITED STATES v. TITUS

No. 805, Docket 35156.

445 F.2d 577 (1971)

UNITED STATES of America, Appellee, v. Harry Thomas TITUS, Appellant.

United States Court of Appeals, Second Circuit.

Decided July 15, 1971.

Attorney(s) appearing for the Case

Anthony S. Kaufmann, New York City (Harry C. Batchelder, Jr., New York City, of counsel), for appellant.

Ronald L. Fancher, Asst. U. S. Atty. (H. Kenneth Schroeder, Jr., U. S. Atty., Buffalo, N. Y., of counsel), for appellee.

Before FRIENDLY, Chief Judge, and LUMBARD and OAKES, Circuit Judges.

FRIENDLY, Chief Judge:

Appellant was convicted on overwhelming evidence after trial before Judge Curtin and a jury, in the District Court for the Western District of New York, on a three-count indictment for bank robbery in violation of 18 U.S.C. § 2113(a), (b) and (d). He challenges the conviction on the sole ground that, after two suppression hearings, the Government was permitted to offer evidence obtained as a result of a warrantless nighttime arrest by FBI...

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