Alfred Earl Toles v. United States

INDICTMENT AND JUDGMENT OF CONVICTIONS

In December, 1960, Alfred Earl Toles, John Preston Goldsmith, Herbert Lee Tate, Charles Shelton Bruce and John Henry Rainey were jointly indicted and charged in Count I with conspiracy to rob a national bank in Los Angeles and in Count II with robbery of the national bank with use of dangerous weapons.

On January 9,1961, Goldsmith entered a plea of not guilty to Count I and a plea of guilty to Count II, and on the following March 28 Bruce, Rainey and Toles proceeded to jury trial. Goldsmith testified as a Government witness. On April 3, 1961, the jury returned verdicts finding Bruce, Rainey and Toles guilty as charged in each count, and a further finding that at the time of the commission of the offense alleged in Count II Bruce, Rainey and Toles did place in jeopardy the life of a named person by use of dangerous weapons.

Toles appeals from the judgment of convictions entered on May 15, 1961, whereby he was

1) Adjudged guilty of the conspiracy offense charged in Count I and sentenced thereon to imprisonment for a period of five years, and

2) Adjudged guilty of the bank robbery offense charged in Count II and sentenced thereon to…