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UNITED STATES v. POPE

No. 75-2504.

529 F.2d 112 (1976)

UNITED STATES of America, Appellee, v. Thomas George POPE, Appellant.

United States Court of Appeals, Ninth Circuit.

January 16, 1976.

Attorney(s) appearing for the Case

Ann Bowen (argued), Tucson, Ariz., for appellant.

Joseph P. Covington, Asst. U.S. Atty. (argued), Tucson, Ariz., for appellee.

Before DUNIWAY, ELY, and CHOY, Circuit Judges.

PER CURIAM:

Thomas Pope appeals his conviction for armed robbery of a savings and loan association. 18 U.S.C. § 2113(a), (d). We reverse.

At trial the prosecution's key witness was Brett Elliott, an alleged participant in the robbery. Elliott's testimony disclosed that he had planned the robbery with appellant and Edward Pope, appellant's brother. Elliott and Edward held up two tellers in a savings and loan business at gunpoint, while appellant waited...

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