UNITED STATES v. LEWIS

No. 79-1368.

628 F.2d 1276 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Horace Eldin LEWIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 22, 1980.


Attorney(s) appearing for the Case

R. Raymond Twohig, Jr., Asst. Federal Public Defender, Albuquerque, N. M., for defendant-appellant.

Thomas S. Udall. Asst. U. S. Atty., Albuquerque, N. M. (R. E. Thompson, U. S. Atty., Albuquerque, N. M., with him on brief), for plaintiff-appellee.

Before McKAY, BREITENSTEIN and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

This is an appeal by Horace Eldin Lewis from a conviction by jury on a charge of entering a federally insured bank with intent to commit bank robbery, in violation of 18 U.S.C. § 2113(a). The issues on appeal are (1) whether the court properly instructed the jury on the specific intent required to support conviction, and (2) whether Lewis was entitled to a necessity defense.

The facts in this case are quite unusual. The evidence...

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