UNITED STATES v. KELTON

No. 20659.

446 F.2d 669 (1971)

UNITED STATES of America, Appellee, v. Hilton Jerry KELTON, Appellant.

United States Court of Appeals, Eighth Circuit.

August 9, 1971.


Attorney(s) appearing for the Case

Robert G. Duncan, Kansas City, Mo., for appellant.

Anthony P. Nugent, Jr., Asst. U. S. Atty., Bert C. Hurn, U. S. Atty., Patrick K. Monahan, Asst. U. S. Atty., Kansas City, Mo., for appellee.

Before LAY, HEANEY, and BRIGHT, Circuit Judges.


LAY, Circuit Judge.

The defendant Hilton Jerry Kelton (hereinafter called Jerry) was found guilty under 18 U.S.C. § 2113 of willfully aiding and abetting the commission of a robbery of the Empire State Bank of Kansas City, Missouri. Defendant was acquitted of the charge of conspiring to commit the same robbery. On appeal we reverse the conviction and hold that the defendant is entitled to a judgment of acquittal on the ground that the evidence is insufficient...

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