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UNITED STATES v. JOHNSON

No. 78-1124.

575 F.2d 678 (1978)

UNITED STATES of America, Appellee, v. Walter Wesley JOHNSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 18, 1978.

Attorney(s) appearing for the Case

J. Steven Clark, Little Rock, Ark., for appellant.

W. H. Dillahunty, U. S. Atty., and Kenneth F. Stoll, Asst. U. S. Atty., Little Rock, Ark., for appellee.

Before LAY, BRIGHT and ROSS, Circuit Judges.

BRIGHT, Circuit Judge.

This case presents the question of whether taking money through trickery from a teller at a banking institution is "stealing" or "purloining" money, and as such, a federal crime under 18 U.S.C. § 2113(b) (1976). We hold that it is, and affirm the conviction of Walter Wesley Johnson.

According to the testimony introduced by the prosecution at trial, which the parties have reduced to a statement...

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