UNITED STATES v. SUTHERLAND

No. 31044.

463 F.2d 641 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Ben Herbert SUTHERLAND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 5, 1972.


Attorney(s) appearing for the Case

Donald J. Hand, San Antonio, Tex. (Court appointed), for defendant-appellant.

William S. Sessions, U. S. Atty., Wayne F. Speck, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and RONEY. Circuit Judges.


RONEY, Circuit Judge:

For the second time a jury has convicted Ben Herbert Sutherland of three criminal charges relating to robbery of a San Antonio, Texas, bank. Finding that there was sufficient evidence to convict defendant of the offenses charged and that the defendant had a fair trial, we affirm.

On October 1, 1968, at approximately 2:00 P.M., the Northeast National Bank of San Antonio was held up by William Kump. Kump, who was brandishing a gun, had...

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