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UNITED STATES v. HICKS

Nos. 82-5304(L), 83-5006.

748 F.2d 854 (1984)

UNITED STATES of America, Appellee, v. Benjamin Jerome HICKS, Appellant. UNITED STATES of America, Appellee, v. Frankie RANDALL, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 7, 1984.

Attorney(s) appearing for the Case

Fred Warren Bennett, Federal Public Defender, Baltimore, Md., for appellant Hicks.

Stephen D. Langhoff, Doyle & Langhoff, Baltimore, Md., on brief, for appellant Randall.

Herbert Better, Asst. U.S. Atty., Baltimore, Md. (J. Frederick Motz, U.S. Atty., Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

Tried jointly before a jury, Hicks and Randall were both convicted of armed bank robbery in violation of 18 U.S.C. § 2113(d). They appeal, advancing several reasons why they were improperly convicted. We see merit only in the argument that the district court erroneously declined to instruct the jury as to Hicks' alibi defense, and that this error was not harmless. We reverse as to Hicks and grant him a new trial. We affirm as...

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