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UNITED STATES v. BOSTON

Nos. 1234, 1235, Dockets 74-1451, 74-1491.

508 F.2d 1171 (1974)

UNITED STATES of America, Appellee, v. John Matthew BOSTON and Ernest Moore, Appellants.

United States Court of Appeals, Second Circuit.

Decided December 12, 1974.

Attorney(s) appearing for the Case

Stephen M. Behar, Asst. U. S. Atty., E. D. N. Y. (David G. Trager, U. S. Atty., E. D. N. Y., Raymond J. Dearie, Asst. U. S. Atty., of counsel), for appellee.

David W. McCarthy, Mineola, N. Y. (McCarthy & Dorfman, Mineola, N. Y., of counsel), for appellant John Matthew Boston.

Gustave Weiss, New York City, for appellant Ernest Moore.

Before OAKES, Circuit Judge, and FRANKEL and KELLEHER, District Judges.

FRANKEL, District Judge:

Appellants, John Matthew Boston and Ernest Moore, were found guilty by a jury on April 5, 1974, of robbing a federally insured bank, 18 U.S.C. § 2113(a), and of employing deadly weapons in the commission of that robbery, 18 U.S.C. § 2113(d). Both received concurrent sentences of 20 years in prison. Upon the ample evidence, and for the reasons hereinafter outlined, we overrule the several grounds of appeal and affirm the convictions...

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