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UNITED STATES v. MOORE

No. 19206.

453 F.2d 601 (1971)

UNITED STATES of America v. James Henry MOORE, Appellant, and William Bradley.

United States Court of Appeals, Third Circuit.

Decided December 22, 1971.

Attorney(s) appearing for the Case

John F. Rodgers, Jr., Camden, N. J., for appellant.

James D. Fornari, Asst. U.S. Atty., Newark, N. J. (Herbert J. Stern, U.S. Atty., Newark, N. J., on the brief), for appellee.

Before BIGGS, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The appellant Moore was tried twice for armed robbery of the Livingston National Bank at Livingston, New Jersey. 18 U.S.C. § 2113(a) and (d). At the first trial the jury failed to reach a verdict. Moore was convicted at the second trial and has appealed.

A number of masked men entered the Bank on April 11, 1968 and robbed it. Because of the masks no positive identification was possible and no arrests...

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