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UNITED STATES v. CLARK

No. 72-3748 Summary Calendar.

480 F.2d 1249 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Norman CLARK, Howard Lewis Ellis, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 5, 1973.

Attorney(s) appearing for the Case

Tyrus R. Atkinson, Jr., Atlanta, Ga. (Court appointed for Clark).

Harvey A. Monroe, Jonesboro, Ga. (Court appointed for Ellis).

P. L. Wayman, Atlanta, Ga., for defendants-appellants.

John W. Stokes, Jr., U. S. Atty., Robert L. Smith, Anthony M. Arnold, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

THORNBERRY, Circuit Judge:

The Government's evidence showed that Clark, Ellis, Burney, and Buford robbed a federally insured bank in Conyers, Georgia on August 31, 1972. All four were indicted for bank robbery in violation of 18 U.S.C.A. § 2113(a). Burney and Buford pleaded guilty and agreed to testify for the prosecution. Clark and Ellis were convicted upon jury verdicts, and on this appeal they raise several issues, the principal one of which concerns the district...

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