Leonard Curtis Fraker v. United States

Appellant was indicted with two others under a one count indictment wherein he was charged with aiding, abetting, counseling, inducing, and procuring the commission of a robbery of a national bank under Title 18 United States Code Section 2 and Section 2113(a) (d). The charge involved the robbery of a messenger of the Bank of America National Trust and Savings Association, Arroyo-Colorado Branch, located in Pasadena, Los Angeles County, State of California. The other two named in the indictment entered a plea of guilty. Appellant, after consultation with counsel, waived his right to trial by jury. The trial ensued as to him alone, and appellant was adjudged guilty. From the judgment of the District Court, appellant brings this appeal, which the court has jurisdiction to entertain and review under the provisions of Sections 1291 and 1294 of Title 28 United States Code.

Appellant specifies four allegations of error. First, that the court erred in finding appellant guilty because there is no substantial evidence to support the judgment. Basically, it is appellant’s contention that although he was guilty of a crime, it was not the crime for which he was indicted and found guilty.…