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UNITED STATES v. LORD

Nos. 124, 125, 126, Dockets 77-1157, 77-1158, 77-1159.

565 F.2d 831 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. James R. LORD, Jr., Gerald J. Yagy, and Gerhardt J. Schwartz, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 15, 1977.

Attorney(s) appearing for the Case

Alfred P. Kremer, Rochester, N. Y., for defendant-appellant Lord.

Roy E. Colicchio, Rochester, N. Y., for defendant-appellant Yagy.

Barry Bassis, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for defendant-appellant Schwartz.

Gerald J. Houlihan, Asst. U. S. Atty., Rochester, N. Y. (Richard J. Arcara, U. S. Atty. for the Western District of New York, Buffalo, N. Y., of counsel), for plaintiff-appellee.

Before MANSFIELD and TIMBERS, Circuit Judges, and DOOLING, District Judge.

MANSFIELD, Circuit Judge:

After a four-day trial in the Western District of New York before Judge John T. Elfvin and a jury, appellants Lord, Yagy and Schwartz were convicted of bank robbery, 18 U.S.C. § 2113(a), and conspiracy to commit bank robbery, 18 U.S.C. § 371. Lord and Schwartz were also convicted of armed bank robbery, 18 U.S.C. § 2113(d). We reverse because of two errors that seriously jeopardized the defendants' right to a fair trial: (1...

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