Marion Clayborn Davison, Jr. v. United States

The appellant was convicted of bank robbery, an offense defined by 18 U.S.C. § 2113 (a).

The trial was to a jury, and it is contended that the evidence was insufficient to support the verdict. The robbery occurred on March 10, 1964, and the victim was the Bank of America, 47th and Broadway Branch, Los Angeles, California. Mrs. Patricia Clayton, a teller of the bank, was approached by a man at the window of her teller’s cage. He presented a note on which was written, “Give me $650. I have a gun.” After Mrs. Clayton had slowly counted out a number of $10 and $20 bills, the robber said, “That’s enough,” picked up the money, and walked away. Mrs. Clayton identified the appellant as the person who had presented the note and taken the money, later established to have been $390. Very shortly thereafter, another witness saw a man running along a street and into an alley near the bank. He reported his observation to a police officer who had learned of the robbery, and the officer, pursuing the course indicated by the witness, discovered a hat and coat which apparently had been thrown beneath a hibiscus bush. The hat and coat, introduced into evidence, were said by the bank teller to…