Anton Vaughn Evalt v. United States

Anton Vaughn Evalt appeals from his conviction on a two-count indictment charging him with robbing a federally insured bank and, during the course of the robbery, putting a person’s life in jeopardy by the use of a dangerous weapon. 18 U.S.C. § 2113 (a) and (d) (1964).

This is the second time Evalt has been convicted under this indictment, and the second time his conviction has been before this court. On the first apepal we reversed and remanded for a new trial because of errors in admitting certain testimony and permitting prejudicial comments by the prosecution. However, we also held that the arrest of defendant was based on probable cause and the evidence seized during the immediate search was properly admitted. Evalt v. United States, 9 Cir., 359 F.2d 534 .

On this appeal from his retrial, Evalt challenges several rulings by the trial court. In essence, he contends that the trial court erred in (1) not hearing or ruling on his motion to suppress prior to the trial, (2) admitting the evidence sought to be suppressed, (3) refusing to grant a continuance in order to subpoena an absent defense witness, (4) refusing to give a requested insanity instruction, (5) refusing to grant…