Burnerdean Young v. United States

This appeal is taken from judgment of conviction of robbery of a Los Angeles savings and loan association. 18 U.S.C., §' 2113(a).

1. It is contended that the trial judge, in his charge to the jury, in effect took from the jury the issue of intimidation. The testimony of three tellers, confronted by appellant in the course of the robbery, was to the effect that appellant had a gun but that it was held at his side pointed down and was not pointed at them. The court, charged the jury:

Thereafter the court continued to lay emphasis upon the “real issue.”

In our judgment this was permissible comment, subject to which the issue of intimidation was clearly given to the jury. We find no error.

2. The indictment charged both intimidation and force and violence. Appellant asserts that there was no evidence of force or violence, and that the issue was not even presented to the jury in the court’s instructions. He contends that the Government has the burden of proving every element charged in the indictment.

The Government contends that display of a pistol is itself sufficient to constitute force and violence. This we need not decide. Here, the statute itself, 18 U.S.C., § 2113 (a),…