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UNITED STATES v. BROWN

Nos. 73-2279, 73-2678, 73-2280.

501 F.2d 146 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Tommie Louis BROWN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Virgil David SWAIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee NOBLES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 10, 1974.

Attorney(s) appearing for the Case

Darrell McIntyre, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee.

Nicholas R. Allis, Deputy Public Defender (argued), Los Angeles, Cal., for Robert L. Nobles.

Stanley P. Berg (argued), Beverly Hills, Cal., for Virgil D. Swain.

Bruce E. Krell (argued), San Francisco, Cal., for Tommie L. Brown.

Before ELY and KILKENNY, Circuit Judges, and ENRIGHT, District Judge.

ENRIGHT, District Judge:

In late morning on February 6, 1973, four men robbed a Crocker National Bank in Los Angeles. Three men were brought to trial in April, 1973, for the offense: defendants Tommie Louis Brown, Robert Lee Nobles, and Virgil David Swain. The fourth man, whose name appeared on the indictment as Jonathan Ray Nobles, was a fugitive at time of trial.

The government's theory was that Brown jumped behind the tellers' windows and moved down the...

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