Joe Bradley Smith and Myron Parker v. United States

This appeal is taken from conviction, of the crime commonly known as bank robbery. 18 U.S.C. § 2113 (b). It challenges the sufficiency of the evidence to establish two elements of the crime: (1) the taking and carrying away of property; (2) the victim’s lack of consent to-the taking.

The government’s principal witness was a teller at the Bank of Nevada at Las Vegas, Nevada. He testified that he had known both appellants; that Parker had been a fellow employee at the Bank of Nevada and that he had known Smith when both of them had worked at a Reno bank. The evidence leading up to the theft, as he related it, was as follows:

On the morning of March 31, 1958,, while he was driving to work, appellant Parker passed him in his automobile and signaled that he wished to talk with him. He stopped and Parker stopped behind', him. Parker came over to the teller’s, car, got in and they talked:

The teller agreed to that arrangement and then reported the matter to the bank manager. He was told to go ahead with the arrangements and that the proper authorities would be notified.

At the noon meeting appellant Smith was present. It was agreed that Smith would come to the teller’s window and…