UNITED STATES v. NOVAK

No. 19260.

455 F.2d 921 (1972)

UNITED STATES of America v. Leonard NOVAK, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 16, 1972.


Attorney(s) appearing for the Case

James S. Palermo, Hazelton, Pa., for appellant.

Laurence M. Kelly, Asst. U. S. Atty., Scranton, Pa. (S. John Cottone, U. S. Atty., Scranton, Pa., on the brief), for appellee.

Before ADAMS and JAMES ROSEN, Circuit Judges, and STAPLETON, District Judge.


OPINION OF THE COURT

PER CURIAM:

On May 6, 1970, a jury convicted Leonard Novak of armed bank robbery. At trial, Novak was identified by three eye witnesses as the person who robbed the bank in question on February 10, 1967. His counsel called witnesses in an effort to establish an alibi. Novak chose not to take the stand, apparently because he wished to avoid disclosure of a prior felony conviction to the jury. Novak's counsel on appeal concedes, with commendable...

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