James Lee Argo v. United States

Good Law
378 F.2d 301·1967 U.S. App. LEXIS 6359
United States Court of Appeals for the Ninth CircuitMay 16, 196720352_1California1,791 words

Opinion

Opinion

Duniway, J.

On March 2, 1965, Argo entered a branch office of the Valley National Bank of Phoenix, Arizona, and proceeded to the window of teller Odette. After a brief wait for another customer of the bank to finish his business, Argo confronted the teller with a drawn and fully loaded revolver, shoved a paper bag at her, laid on her counter one of the bank's blank checks on which was hand printed “This is a Robbery Give 5-10 20 50 Hurry” — and said “I want everything you have.” Miss Odette complied, stuffing coins and currency in the bag. Apparently she did not hurry enough, for Argo, fired the gun, the bullet lodging in the counter, and again told her to hurry up. She then stuffed in some more money, and Argo took the bag and left. He got $2599.

At Argo’s trial, the robbery was described, and Argo was identified, by teller Odette and by three other eye witnesses. The gun, seven loaded cartridges taken from it, an empty cartridge that had been fired in it, and the bullet were identified and received in evidence. Also identified and received were the blank check used in the robbery, certain records of the bank establishing the amount of the loss, a rent receipt, and a box in which the gun…

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