UNITED STATES v. KENNEDY

No. 71-2000.

450 F.2d 1089 (1971)

UNITED STATES of America, Appellee, v. Robert Eugene KENNEDY, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 27, 1971.


Attorney(s) appearing for the Case

John P. Moran, Phoenix, Ariz., for appellant.

Richard K. Burke, U. S. Atty., Phoenix, Ariz., for appellee.

Before CHAMBERS, MERRILL and KILKENNY, Circuit Judges.


PER CURIAM:

Appellant was indicted, tried and convicted in a jury trial on two counts of violating 18 U.S.C. § 2113(a) and (d) [bank robbery].

BACKGROUND

A Phoenix, Arizona bank was robbed on March 8, 1971. That afternoon a teller (Layton) in the bank was asked to look at 50 to 60 photographs in what is commonly known as the "Mug" book. She selected one of the pictures as "generally resembling" the robber. Appellant's picture was not in the...

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