UNITED STATES v. NEWKIRK

No. 72-1806.

481 F.2d 881 (1973)

UNITED STATES of America, Appellee, v. James Edward NEWKIRK, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 1973.


Attorney(s) appearing for the Case

Thomas P. McNamara, U. S. Atty., and Joseph W. Dean, Asst. U. S. Atty., on brief, for appellee.

James R. Rogers, III, Raleigh, N.C., Court-appointed, on brief, for appellant.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.


PER CURIAM:

James Edward Newkirk appeals from a judgment entered on his conviction for robbing a federally insured bank by intimidation and putting a life in jeopardy during the robbery, in violation of 18 U.S.C. § 2113(a) and (d).

Newkirk assigns as reversible error: (1) the government's failure to prove that he used a dangerous weapon as required by 18 U.S.C. § 2113(d); (2) the court's instructions relating to the meaning of assault and putting...

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