DARLAND v. UNITED STATES

No. 80-7103 Summary Calendar.

626 F.2d 1235 (1980)

Rex Edward DARLAND, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 29, 1980.


Attorney(s) appearing for the Case

Michael E. McMaken, Mobile, Ala., for appellant.

W. A. Kimbrough, Jr., U. S. Atty., William R. Favre, Jr., Asst. U. S. Atty., Mobile, Ala., for appellee.

Before GEE, RUBIN and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

Rex Edward Darland appeals his conviction by jury of robbery of a federally insured bank, 18 U.S.C. § 2113(a). We reverse.

Darland and Randall DeWayne Garrick were indicted for the robbery of the Fulton Branch of the Bank of Thomasville, Alabama. Garrick pleaded guilty and became a voluntary witness at Darland's trial at which his testimony was the principal evidence offered by the government. Darland did not testify. His defense...

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