UNITED STATES v. SANBORN

No. 77-1045.

563 F.2d 488 (1977)

UNITED STATES of America, Appellee, v. Donald K. SANBORN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

September 9, 1977.


Attorney(s) appearing for the Case

Robert W. Mahoney, Boston, Mass. by appointment of the Court, with whom Hale & Dorr, Boston, Mass., was on brief, for defendant, appellant.

Robert B. Collings, Asst. U. S. Atty., Chief, Criminal Division, Boston, Mass., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and DOOLING, District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

Donald Kent Sanborn appeals from his conviction on a one count indictment charging armed robbery of $6,000 from the Milford Bank and Trust Company in Milford, Massachusetts on March 30, 1976 in violation of 18 U.S.C. § 2113(d).1

The Government's case was based largely on the testimony of an accomplice, Albert Kell, who, at the time of Sanborn's trial, had already been convicted of the robbery...

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