PHILLIPS v. UNITED STATES

No. 73-2516.

502 F.2d 227 (1974)

Eddie Lawrence PHILLIPS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 13, 1974.


Attorney(s) appearing for the Case

Alan P. Owens, Norfolk, Va., for appellant.

J. Brian Donnelly, Asst. U. S. Atty., for appellee.

Before CRAVEN, ADAMS and RUSSELL, Circuit Judges.


ADAMS, Circuit Judge:

This appeal calls for an application of the time-honored principle of collateral estoppel1 in a somewhat unusual factual setting.

I.

The appellant, Eddie Lawrence Phillips, was indicted under 18 U.S.C. §§ 2113(a) and (d), and charged with robbing a federally insured bank in Nansemond, Virginia. On April 16 and 17, 1973, Phillips was tried before a jury. At that trial, the government sought...

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