McDONNELL v. UNITED STATES

No. 71-1171.

455 F.2d 91 (1972)

Robert Owen McDONNELL a/k/a Joe Mack, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

February 16, 1972.


Attorney(s) appearing for the Case

Charles Thompson, Pierre, S. D., for appellant.

David R. Gienapp, Asst. U. S. Atty., Sioux Falls, S. D., for appellee.

Before VAN OOSTERHOUT, ROSS and STEPHENSON, Circuit Judges.


ROSS, Circuit Judge.

This is an appeal from a judgment of conviction of Robert McDonnell under an indictment charging him with breaking and entering the Farmers State Bank of Mellette, South Dakota, with intent to commit larceny in violation of 18 U.S.C. § 2113(a). We reverse the judgment of conviction and remand the case for further proceedings consistent with this opinion.

The Farmers State Bank of Mellette was burglarized on May 18, 1969. On May 21...

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