UNITED STATES v. SIMUEL

Nos. 15130, 15131.

439 F.2d 687 (1971)

UNITED STATES of America, Appellee, v. Willie James SIMUEL, Appellant. UNITED STATES of America, Appellee, v. Lawrence Emmington MITCHELL, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 25, 1971.


Attorney(s) appearing for the Case

Ronald Harris Marks, Norfolk, Va. (Court-appointed) [White, Katherman, Daniels & Marks, Norfolk, Va., on brief] for Willie James Simuel.

Frank E. Butler, III, Virginia Beach, Va. (Court-appointed) for Lawrence Emmington Mitchell.

John A. Field, III, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.


PER CURIAM:

On appeal from their convictions, after a joint trial for bank robbery (18 U. S.C.A. § 2113), the defendants complain of the trial court's refusal of their severance motions and denial of a continuance to permit a defense witness to testify in person rather than by deposition. We affirm.

The motions for severance were founded on the fact that some evidence, chiefly eyewitness identification, would be introduced against only one defendant....

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