Gary David Nelson v. United States

The record here contains abundant evidence of . the participation of Gary Nelson and John Wilder in the robbery on January 25, 1965, of the Surety National Bank at Encino, California. The evidence as to Nelson was largely circumstantial, but convincing. Of this robbery, both were convicted.

It would appear that at least Wilder was involved in six bank robberies in the Los Angeles area between December 18, 1964, and January 25, 1965. For all six offenses, Wilder and Nelson were jointly indicted and tried. Before the state rested, it moved to dismiss all of the counts as to Nelson except the sixth; the Surety National robbery. As to Wilder, the jury verdict was guilty as to all six counts and as to Nelson the verdict was guilty as to the Surety National robbery, the only count left against him.

Nelson appeals his conviction. We affirm.

Just after the jury was selected, Nelson moved for a severance. At the time of the motion, the question had to be judged as the situation then existed. Certainly nothing then suggested any impropriety in the joint trial of all counts as to both defendants. Even after the trial was done, there is no indication of bad faith in making the joinder.

In…