David Edward Lancey v. United States

This is an appeal from a final judgment of conviction in the United States District Court for the Northern District of California, Southern Division, convicting the appellant, after trial by court, of violation of 18 U.S.C. § 4 , to wit, misprision of a felony, i. e., bank robbery. (Count II.)

Appellant was sentenced to a term of three years imprisonment, to serve six months, the remainder of the sentence of two years and six months suspended, and to a period of probation for three years.

Appellant was found not guilty of the violation of Count I ( 18 U.S.C. § 3 ) — an accessory after the fact.

Jurisdiction existed below pursuant to 18 U.S.C. § 3231 , and exists in this court on appeal, 28 U.S.C. § 1291 .

Four errors are alleged on appeal:

Lancey, at the time of his arrest, was living under the assumed name of Harold Marshall in San Jose, California. A warrant for his arrest was in the hands of local police, as a fugitive from justice for two years, charged with a violation of the Dyer Act. ( 18 U.S.C. § 2312 .)

The bank robbery was perpetrated by one George Zavada on June 11, 1964. It was a Bank of America branch in Sacramento, California. $74,000 had been taken by the use…