Arthur Earl Robbins v. United States

On April 30, 1963, the Oak Park office; Sacramento, California, of the CrockerAnglo National Bank was robbed of $693. Donald Lee Stark and Arthur Earl Robbins were jointly indicted for the crime, it being charged as an offense under 18 U.S.C. § 2113 (a) and (d) (1958). Stark pled guilty. Robbins pled not guilty, and was tried and convicted on a jury verdict. He was sentenced to imprisonment for twenty-five years, it being provided that he shall become eligible for parole pursuant to 18 U.S.C. § 4208 (a) (2) (1958). Robbins appeals.

Appellant argues that the -verdict finding him guilty of bank robbery is not supported by credible evidence and the Government therefore failed to prove guilt beyond a reasonable doubt. In support of the assertion that the evidence submitted by the Government is not credible, Robbins calls attention to several inconsistencies in the testimony given by the two main witnesses for the prosecution.

No motion to acquit having been made at the close of the case, the contention that the evidence is insufficient may be deemed waived. Foster v. United States, 9 Cir., 318 F.2d 684, 686 . This court nevertheless frequently considers such a contention on the…