UNITED STATES v. GABRIEL

No. 82-1587.

715 F.2d 1447 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Julian Peter GABRIEL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 6, 1983.


Attorney(s) appearing for the Case

Frederic B. Rodgers, Breckenridge, Colo., for defendant-appellant.

John O. Martin, Asst. U.S. Atty., Kansas City, Kan. (Robert N. Miller, U.S. Atty., and Linda A. Surbaugh, Asst. U.S. Atty., Denver, Colo., on brief), for plaintiff-appellee.

Before McWILLIAMS, DOYLE and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

Julian Gabriel was convicted after a jury trial of bank robbery and assault in the commission of a bank robbery under 18 U.S.C. § 2113(a), (d) (1976). On appeal, Gabriel alleges as error: (1) the denial of his motion for a bill of particulars; (2) the denial of his motion to suppress evidence; (3) the trial court's refusal to admit allegedly exculpatory evidence; (4) the trial court's instruction on recently stolen property; and (5) prosecutorial...

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