UNITED STATES v. POOLE

No. 19213.

450 F.2d 1082 (1971)

UNITED STATES of America v. James POOLE et al. Appeal of William FINKLEY.

United States Court of Appeals, Third Circuit.

Decided September 21, 1971.


Attorney(s) appearing for the Case

Raymond H. Conaway, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for appellant.

Samuel J. Orr, III, Asst. U. S. Atty., Pittsburgh, Pa. (Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before STALEY and ADAMS, Circuit Judges, and GARTH, District Judge.


OPINION OF THE COURT

STALEY, Circuit Judge.

William Finkley was convicted, following a jury trial, of having violated 18 U.S.C. § 2113(a) and (d). The two-count indictment charged that Finkley, along with James Poole and Willie Thomas, robbed a Pittsburgh bank while armed with hand guns.

Finkley and Thomas were tried together, Poole having decided to plead guilty and testify for the Government. Of the veniremen from which the petit jury was...

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