UNITED STATES v. MOORE

No. 82-1004.

700 F.2d 535 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Malcolm MOORE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1983.


Attorney(s) appearing for the Case

E. Richard Walker, Asst. Federal Defender, Sacramento, Cal., for defendant-appellant.

Brian C. Leighton, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before WALLACE, KENNEDY, and NELSON, Circuit Judges.


KENNEDY, Circuit Judge:

This is an appeal by Malcolm Moore from a jury conviction on charges of aiding and abetting in a bank robbery. We reverse for error in the trial court's making inquiry as to the numerical division of the jury.

On May 6, 1981, Community First Bank in Bakersfield was robbed by two armed men. One of them, Cardwell, was recognized by tellers as a former customer. Cardwell pled guilty and testified against alleged accomplices Moore, Tinnin...

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