Paul Santo Orlando v. United States

On April 9, 1964, the appellant Orlando, together with one Parker and one Myers, were indicted for the crime of bank robbery under U.S.C. Title 18 § 2113(a), alleged to have been committed at Portland in the District of Oregon, on or about April 6, 1964. Orlando pleaded not guilty and the case was set down for trial as to him alone. The indictment was dismissed as to Myers and Parker who pleaded guilty to a charge of bank larceny under § 2113(b) Title 18.

In the trial in which Orlando was the sole defendant, the Government undertook to prove that the bank in question had been robbed by three men, two of whom entered the bank and a third man who drove the get-away ear. The Government attempted to prove that Orlando was the person who drove the car away from the scene of the crime. At the trial, the Government’s witness by whom it attempted to identify Orlando as one of the three persons in the get-away car, was not. very positive in his testimony. The most that he was able to testify to was that Orlando was similar to the man he saw in that he was “olive-complected. But 1 can’t say that was him for sure.” Other evidence at that trial tended to connect Orlando with the crime. What…