UNITED STATES v. MYERS

No. 76-1489.

550 F.2d 1036 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Allen MYERS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 1977.


Attorney(s) appearing for the Case

Richard A. Lazzara (Court-appointed), Tampa, Fla., for defendant-appellant.

John L. Briggs, U.S. Atty., Jacksonville, Fla., Terry Smiljanich, Asst. U.S. Atty., Tampa, Fla., for plaintiff-appellee.

Before TUTTLE, CLARK and RONEY, Circuit Judges.


CLARK, Circuit Judge:

Larry Allen Myers challenges the validity of his federal bank robbery conviction. He contends that the district court committed reversible error when it (1) refused to strike the testimony of alibi rebuttal witnesses whose identities were not disclosed before the trial, (2) admitted evidence indicating that Myers had previously been convicted of armed bank robbery, and (3) gave the jury a flight instruction that lacked sufficient

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