UNITED STATES v. SORENSON

No. 79-1678.

611 F.2d 701 (1979)

UNITED STATES of America, Appellee, v. Gregory Herbert SORENSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 12, 1979.


Attorney(s) appearing for the Case

Gregory A. Gaut, Minneapolis, Minn., for appellant.

Francis X. Hermann, Asst. U. S. Atty., Minneapolis, Minn., for appellee; Thorwald H. Anderson, Jr., U. S. Atty., Minneapolis, Minn., and Robert J. Leinweber, Legal Intern, on brief.

Before HEANEY and HENLEY, Circuit Judges, and SCHATZ, District Judge.


PER CURIAM.

Gregory Herbert Sorenson was convicted in federal district court for violating 18 U.S.C. § 2113(a) (bank robbery) and sentenced to twelve years imprisonment. The defendant brought a motion for a new trial based on two grounds: (1) the trial court's instructions to the jury were erroneous in that they improperly commented on the evidence and incorrectly defined guilt beyond a reasonable doubt by using the word "probability"; and (2) one of the jurors...

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