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UNITED STATES v. SMALL

No. 72-1432.

472 F.2d 818 (1972)

UNITED STATES of America v. Edward Kenneth SMALL, Jr., et al. Appeal of Samuel Samson ALLEN.

United States Court of Appeals, Third Circuit.

Decided December 29, 1972.

Attorney(s) appearing for the Case

C. Clark Hodgson, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellant.

Richard M. Meltzer, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before KALODNER, ADAMS and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

MAX ROSENN, Circuit Judge.

Samuel Samson Allen appeals a conviction by a jury in the United States District Court for the Eastern District of Pennsylvania for conspiring to rob a bank in violation of 18 U.S.C. § 2113. Appellant claims plain error in the failure of the trial judge to instruct the jury on the necessity of finding commission of an overt act in order to find defendant guilty...

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