Harold Jerome Atkins and William Forte v. United States

Appellants stand convicted on six counts of an indictment charging them with violations of the federal bank robbery laws, 18 U.S.C. § 2113 , and a seventh count charging eonspiz-acy to commit offenses prohibited by § 2113 in violation of 18 U.S.C. § 371 . Appellants urge reversal of their convictions on the grounds that: (1) the pz'osecution failed to present substantial independent evidence of the essential elements of the crime of conspiracy; (2) extrajudicial declarations of each appellant were erroneously admitted; and (3) there was insufficient evidence to convict appellant Forte on any of the counts of the indictment.

To present the picture disclosed by the record we summarize the testimony and view it in the light most favoz'able to the government. Donald Hall testified that he met appellant Forte in the Hit and Run Room of the St. Regis Hotel in Seattle, Washington on May 10, 1958. Forte asked Hall if he wanted to make some money and drew a diagram on a napkin stating how he was going to rob a bank that was located in “Silvana.” Forte outlined to Hall the method to be used in robbing the bank: a car would be stolen and driven to the town of Sil-vana; Forte’s accomplice…