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UNITED STATES v. ATKINS

No. 76-2374-76.

558 F.2d 133 (1977)

UNITED STATES of America, Appellee, v. Richard ATKINS, Appellant in 76-2374. UNITED STATES of America, Appellee, v. Arthur Donald MORELLO, Jr., Appellant in 76-2375. UNITED STATES of America, Appellee, v. Samuel Rochelle MASON, Appellant in 76-2376.

United States Court of Appeals, Third Circuit.

Decided June 8, 1977.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U.S. Atty., Frank C. Razzano, Asst. U.S. Atty., Newark, N. J., for appellee.

Jack Nowell Frost, Plainfield, N. J., for Richard Atkins.

Alfred C. DeCotiis, Newark, N.J., for Arthur Donald Morello, Jr.

Hubert Johnson, Martin & Johnson, East Orange, N.J., for Samuel Rochelle Mason.

Before GIBBONS and HUNTER, Circuit Judges, and LAYTON, District Judge.

JAMES HUNTER, III, Circuit Judge:

Richard Atkins, Samuel Mason, and Donald Morello, Jr., were convicted of conspiracy and of robbing four New Jersey banks in violation of 18 U.S.C. § 2113. After jury trial in the United States District Court for the District of New Jersey, sentence was imposed. This appeal, alleging numerous trial errors, followed. Because we find reversible error in the exclusion of a hearsay third-party confession to one of the robberies, we...

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