UNITED STATES v. PHILLIPS

No. 78-5221.

599 F.2d 134 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Leslie Marion PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 24, 1979.


Attorney(s) appearing for the Case

William H. Fortune, Lexington, Ky., for defendant-appellant.

Patrick H. Molloy, U. S. Atty., James E. Arehart, John A. West, Asst. U. S. Attys., Lexington, Ky., for plaintiff-appellee.

Before MERRITT, Circuit Judge, PHILLIPS, Senior Circuit Judge, and LAWRENCE, District Judge.


MERRITT, Circuit Judge.

The defendant appeals his conviction for bank robbery in violation of 18 U.S.C. § 2113(a)(d) (1976). He claims the District Court erroneously allowed an unindicted accomplice to testify that defendant participated in other bank robberies. He argues: (1) that the only purpose of such testimony was to demonstrate criminal disposition and that the testimony was, therefore, inadmissible under Rule 404(b) of the Federal Rules of Evidence; and...

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