Randolph K. Hiram v. United States

Appellant Randolph K. Hiram was indicted on the charge of accessory after the fact to bank robbery in violation of 18 U.S.C. § 3 . He entered a plea of not guilty, and after a trial by jury was convicted as charged. Appellant filed a timely appeal correctly invoking this court’s jurisdiction under 28 U.S.C. § 1291 . His motion to appeal in forma pauperis was granted.

At appellant’s trial, the government’s evidence established that at 11:00 a. m. on December 6, 1962, the San Francisco Marina Office of the Wells Fargo Bank, a member of the Federal Reserve System, was robbed of $5,251.00. Three employees of the bank who were witness to the robbery testified that they identified the alleged robber from photographs as appellant’s nephew, Edmund Hiram, and that appellant was not present during the robbery.

Mrs. Walter Gomez testified that appellant and Edmund appeared at her home briefly at 2:30 or 3:00 p. m. on December 6,1962, and returned later that day with Victoria Kaelehi, appellant’s niece, to stay the night. On the morning of the 7th, Mrs. Gomez entered the room in which both Hirams spent the night and handed Edmund a copy of the morning newspaper stating that “There’s…