UNITED STATES v. DYBA

No. 76-1312.

554 F.2d 417 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. George Raymond DYBA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 6, 1977.


Attorney(s) appearing for the Case

Ronny D. Pyle, Asst. U.S. Atty. (David L. Russell, U.S. Atty., Oklahoma City, Okla., on the brief), for plaintiff-appellee.

Ralph Steele Wright, Billings, Mont., and Harry E. Claiborne, Las Vegas, Nev., for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from a judgment of conviction in which the defendant had been charged with burglary of a bank, contrary to 18 U.S.C. Section 2113(a). The questions presented are:

First, whether the indictment contained insufficient allegations to apprise the defendant of the crime which was charged against him.

Second, whether statements made by the prosecution during final argument in which he commented on the failure...

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