Boyce Leon Mosco and Fred John Hansen v. United States

Two separate appeals were consolidated for hearing before us. Boyce Leon Mosco and Fred John Hansen were jointly indicted under 18 U.S.C. § 2113 (a) (d), charged with armed bank robbery. The specific charge was that by force, violence and intimidation upon certain individuals, through the use of hand guns, they took $11,297.09 belonging to and in the care, control and possession of ILWH Local 13, Federal Credit Union, “a Federal credit union, as defined in 18 U.S.C. § 2113 (g).”

Jurisdiction was conferred upon the district court by § 2113, Title 18 United States Code. This court has jurisdiction by virtue of 28 U.S.C. § 1291 .

I — FACTS

Because the insufficiency of the evidence is urged as one ground of appeal, it becomes necessary to consider the evidence.

The jury, by its verdict, resolved all factual doubts in favor of the government. And this court must view the evidence in the light most favorable to support the judgment. Therefore we adopt the statement of facts set forth by appellee in its brief, which appellants do not dispute.

Shortly after 4:00 P.M. on January 21, 1960, a Federal Credit Union (Longshoremen’s Local No. 13) at Wilmington, California, was robbed by two…