Herbert Leo Bushaw v. United States

Appellant, Herbert Leo Bushaw, was indicted and convicted by a jury of attempted bank robbery, in violation of 18 U.S.C. § 2113 (a).

In this appeal, Bushaw contends that the evidence was insufficient to sustain a conviction and that the trial court erred in permitting the government to introduce in evidence inadmissible and prejudicial statements, under the guise of impeaching its own witness. For the reasons hereafter stated, we find no reversible error.

On February 7, 1964, an attempt was made to rob a branch of the Bank of America located in the Springdale Shopping Center, Huntington Beach, California. At the time, Bushaw was employed at Beverly Brisson’s Carpet Shop, which was also in the Springdale Center. A portion of the carpet store was used as a Post Office substation.

About two weeks before the robbery attempt, an unidentified male telephoned the manager of a restaurant in the shopping center and asked if the manager knew of someone with a car who wanted to make fifteen or twenty dollars. The manager inquired among a group of youths, and Dennis “Rocky” Gomes came to the telephone. The caller told Rocky that he ran a delivery service and needed someone to deliver…