UNITED STATES v. PHILLIPS

Nos. 79-1446, 79-1555.

609 F.2d 1271 (1979)

UNITED STATES of America, Appellee, v. Wayne PHILLIPS, Appellant. UNITED STATES of America, Appellee, v. Kevin EAVES, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1979.


Attorney(s) appearing for the Case

Brian P. Short, Foster, Jensen & Short, Minneapolis, Minn., for appellant.

Douglas A. Kelley, Asst. U. S. Atty., Minneapolis, Minn., for appellee; Thorwald H. Anderson, Jr., U. S. Atty., and Robert Leineweber, Legal Intern, Minneapolis, Minn., on the brief.

Before GIBSON, Chief Judge, and ROSS and STEPHENSON, Circuit Judges.


STEPHENSON, Circuit Judge.

Defendants-appellants, Phillips and Eaves, appeal from their convictions by a jury of (1) entering a bank with intent to commit larceny, 18 U.S.C. § 2113(a) (paragraph 2); (2) taking and carrying away money exceeding $100.00, 18 U.S.C. § 2113(b) (paragraph 1); (3) conspiracy to commit the violation of 18 U.S.C. § 2113(a) (paragraph 2), 18 U.S.C. § 371.1 Appellants contend that the government...

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