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UNITED STATES v. ABERCROMBIE

No. 73-1181.

480 F.2d 961 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Ervin L. ABERCROMBIE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 17, 1973.

Attorney(s) appearing for the Case

A. Pope Gordon, Montgomery, Ala., court-appointed, for defendant-appellant.

Ira DeMent, U. S. Atty., D. Broward Segrest, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

COLEMAN, Circuit Judge:

On April 21, 1972, three black men entered the Western Branch of the First National Bank of Montgomery, Alabama, and stood in front of the teller's window which was occupied by Mrs. Nelma Ausley. The man first in line was Tommy Matthews, wearing a "French beret". Next to and behind him was Ervin L. Abercrombie, wearing a distinctive white hat. The third man was Earnest Jones, Jr.

Matthews asked the teller for some coin wrappers. Not...

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