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UNITED STATES v. BRUMBAUGH

No. 72-1356.

471 F.2d 1128 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Frank BRUMBAUGH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

January 18, 1973.

Attorney(s) appearing for the Case

William J. Dammarell, Cincinnati, Ohio, Court-appointed on brief, for defendant-appellant.

Jack B. Streepy, Asst. U. S. Atty., for plaintiff-appellee; Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, on brief.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and CECIL, Senior Circuit Judge.

PER CURIAM.

This is an appeal by Joseph Frank Brumbaugh from his conviction on a charge of bank robbery in the United States District Court for the Northern District of Ohio, Eastern Division. Brumbaugh was indicted under Section 2113(a), (d), Title 18, U.S.C. for robbing the Polk State Bank at Polk, Ohio on May 28, 1970.

The evidence shows that the bank was in fact robbed, on the day indicated, by Brumbaugh and one William Hewlett. Brumbaugh does not deny...

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