UNITED STATES v. FITZPATRICK

No. 77-5516.

581 F.2d 1221 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Arthur FITZPATRICK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 16, 1978.


Attorney(s) appearing for the Case

Robert Arthur Fitzpatrick, pro se.

Thomas C. MacDonald, Jr., (Court-appointed), Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Gary J. Takacs, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before CLARK, FAY and VANCE, Circuit Judges.


PER CURIAM:

Robert Arthur Fitzpatrick appeals from his conviction for armed robbery of a federally insured bank. The defendant raises several errors on appeal, but we concern ourselves only with the failure of the district judge to instruct the jury that the government had to establish that the institution robbed was federally insured at the time of the robbery. We conclude that the failure to instruct the jury on this essential element of the offense charged constitutes...

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