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UNITED STATES v. SMITH

Nos. 75-1920, 75-1941.

551 F.2d 348 (1976)

UNITED STATES of America v. Tyrone SMITH, Appellant. UNITED STATES of America v. Anthony E. GARTRELL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1976.

Attorney(s) appearing for the Case

Karl Fryzel* with whom Michael E. Geltner, Washington, D. C. (appointed by this court) and Timothy J. Hmielewski* were on the brief for appellants.

Alexia Morrison, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before WRIGHT, McGOWAN and TAMM, Circuit Judges.

Opinion for the Court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

On November 11, 1974, the Seventh Street branch of the National Bank of Washington was robbed by two armed men who wore hats completely covering their hair, but employed no other form of disguise. The bandits disarmed the bank's private security guard immediately upon entering the bank lobby. While one stood watch, the other proceeded through the bank manager's office into the tellers...

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