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UNITED STATES v. FRESONKE

No. 76-2467.

549 F.2d 1253 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. David Lee FRESONKE a/k/a David Lee Johnson, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied April 15, 1977.

Attorney(s) appearing for the Case

Harry J. McCarthy, Asst. U. S. Atty., Seattle, Wash., argued, for plaintiff-appellee.

William J. Bender, Asst. Federal Public Defender, Seattle, Wash., argued, for defendant-appellant.

Before BROWNING and TRASK, Circuit Judges, and WILLIAMS, District Judge.

Rehearing and Rehearing En Banc Denied April 15, 1977.

OPINION

DAVID W. WILLIAMS, District Judge.

Fresonke appeals from his conviction by a jury on four counts of armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d). Since it was stipulated that appellant was the individual who robbed each of the four banks in question, the entire trial revolved around his state of mind with regard to the acts charged. In light of our decisions in...

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