Emil Schoepflin and William Smith v. United States

Emil Schoepflin and William Smith appeal from their conviction, following a joint jury trial, of robbing a federally-insured bank in violation of 18 U.S.C. § 2113 (a) (1964).

On November 19, 1964, at approximately 8:25 a. m., the Fulton-Fair Oaks Branch of the Bank of America in Sacramento, California, was robbed by two men wearing nylon stockings over their heads. Smith was arrested at his apartment in a duplex early the following morning. Part of the stolen bank money and a nylon stocking were found on the premises. Schoepflin was not apprehended until two months later when he was caught in a stolen automobile following a “hot pursuit” chase. More of the stolen money and the guns believed to have been used in the robbery were found in the trunk of the car.

Because both defendants claim distinct and unrelated errors, we will separately discuss the contentions of each.

I. Schoepflin’s Appeal

Schoepflin’s first contention is that, prior to in-custody interrogation during which a confession was obtained, the agent for the Federal Bureau of Investigation who did the questioning failed to give Schoepflin the warning he was entitled to under Escobedo v. State of Illinois, 378 U.S.…