UNITED STATES v. CUNNINGHAM

No. 987, Docket 35792.

446 F.2d 194 (1971)

UNITED STATES of America, Appellee, v. Fred A. CUNNINGHAM and Rudolph J. Trumpler, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 15, 1971.


Attorney(s) appearing for the Case

Jon A. Sale, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D.N.Y., Rudolph W. Giuliana and Jack Kaplan, Asst. U. S. Attys., of counsel), for appellee.

Pierre N. Leval, New York City, for appellant Trumpler.

Gabriel B. Schwartz, New York City, for appellant Cunningham.

Before FRIENDLY, Chief Judge, and HAYS and OAKES, Circuit Judges.


FRIENDLY, Chief Judge:

This appeal from a judgment of the District Court for the Southern District of New York, convicting Fred A. Cunningham and Rudolph J. Trumpler, after a verdict, of bank robbery in violation of 18 U.S.C. § 2113(a) and assault during its commission in violation of 18 U.S.C. § 2113(d), again raises the question of what the prosecution may properly do when a witness who was expected to give favorable testimony denies having knowledge of...

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