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UNITED STATES v. EVANS

Nos. 77-1714, 77-1715.

569 F.2d 209 (1978)

UNITED STATES of America, Appellee, v. Robert Wilton EVANS, Appellant. UNITED STATES of America, Appellee, v. J. W. WHITEHEAD, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 1978.

Attorney(s) appearing for the Case

Carl A. Barrington, Jr. and C. Bruce Armstrong, Fayetteville, N. C. (Barrington, Jones & Witcover, Fayetteville, N. C., on brief), for appellant in No. 77-1714.

Stephen H. Nimocks, Fayetteville, N. C. (Nimocks & Taylor, Fayetteville, N. C., on brief), for appellant in No. 77-1715.

Herman E. Gaskins, Jr., Asst. U. S. Atty., Raleigh, N. C. (George M. Anderson, U. S. Atty., Raleigh, N. C., on brief), for the United States.

Before WINTER and BUTZNER, Circuit Judges, and FIELD, Senior Circuit Judge.

BUTZNER, Circuit Judge.

Robert W. Evans and J. W. Whitehead, Jr., appeal their convictions for bank robbery. We find no merit in Evans's numerous assignments of error. Whitehead's conviction, however, must be vacated because of the late appointment of his counsel.

I

Evans's principal assignment of error involves the Assistant United States Attorney's cross-examination of character witnesses regarding their knowledge of Evans's criminal record. The...

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