UNITED STATES v. TONEY

Nos. 20509, 20510.

440 F.2d 590 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Arthur TONEY and Ronnie Allen Smitherman, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

April 14, 1971.


Attorney(s) appearing for the Case

William F. Bavinger, III, Detroit, Mich. (Court appointed), for Frank Arthur Toney.

Robert A. Canner, Detroit, Mich. (Court appointed), for Ronnie Allen Smitherman.

Ralph B. Guy, Jr., U. S. Atty., Detroit, Mich., for plaintiff-appellee.

Before McCREE and MILLER, Circuit Judges, and McALLISTER, Senior Circuit Judge.


McALLISTER, Senior Circuit Judge.

On March 6, 1969, at approximately 1:30 P. M., a branch bank of the Bank of the Commonwealth, located at Grand River and Virginia Park in the City of Detroit, was robbed by three Negro males. None of the robbers had their faces covered; they were dressed in street clothes; and they made no effort to disguise their identity. They had been in the bank for a period of three to five minutes before the robbery. The bank was equipped with...

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