Tucker

Appellant was convicted of violating Title 18 U.S.C.A. § 2113 (a) and (d), the robbery of a Federal Savings and Loan Association in Berkeley, California, by the use of a dangerous weapon. It was stipulated that the Federal Savings and Loan Association had been robbed by an armed robber on December 7, 1951, and the sole factual issue in the case was whether the defendant was that robber,

To prove identity, the prosecution introduced defendant s fingerprints which were found upon the cash box m the bank, and four eyewitnesses of the robbery- In addition, the prosecution introduced a pistol which was owned by defendant during the time of the robbery, and an FBI Wanted Circular containing a picture of the defendant. The sole issues argued on this appeal involve the introduction of these latter two items of rea evi ence.

The Pistol

Appellant was charged with armed robbery, and the prosecution elicited testimony that appellant was the person who committed the robbery while armed with a pistol. An FBI agent testified that at the time of the arrest of appellant a pistol was found in the glove compartment , of his car. A second FBI agent testified ,, , .. , , ... , . , that appellant…