UNITED STATES v. GARDNER

No. 72-1676.

480 F.2d 929 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Sammie Everett GARDNER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 21, 1973.


Attorney(s) appearing for the Case

Herbert H. Galchinsky, Denver, Colo., for defendant-appellant.

James M. Dunn, Asst. U. S. Atty. (C. Nelson Day, U. S. Atty., Salt Lake City, Utah, on the brief), for plaintiff-appellee.

Before PHILLIPS, HILL and HOLLOWAY, Circuit Judges.


HILL, Circuit Judge.

Gardner appeals from a jury conviction and sentence of taking, by force and violence or by intimidation, the money of a federally insured bank, in violation of 18 U.S.C. § 2113(a). On appeal he asserts numerous errors from the time of his arrest through the imposition of sentence.

On the afternoon of May 8, 1972, a teller at the Twentieth South branch of the First Security Bank of Utah was approached by a man with a magazine folded...

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