Robert Edward Gravenmier v. United States

Appellant was charged in two counts with armed bank robbery ( 18 U.S.C. § 2113 (a)) involving two federally insured institutions in Los Angeles County, California; one, the Home Savings & Loan Association of Los Angeles on December 21, 1966, between 3:50 P.M. and 4:30 P.M.; and the second, the Crocker-Citizens National Bank on January 20, 1967, about 5:00 P.M.

Appellant was indicted on February 15, 1967. He was arraigned on February 20, 1967, at which time counsel was appointed to represent him, and on February 21, 1967 his trial was set for March 21, 1967.

On the trial date an oral motion for a continuance was made by his counsel, upon the ground that he had been unable to locate unnamed individuals who might be “alibi” witnesses. Counsel and the appellant’s wife had been requested to locate one Don ........... Appellant’s counsel, as a matter of trial strategy, had felt it best to keep the names of possible alibi witnesses confidential, and not have the United States Attorney or the United States Marshal’s office aid him in locating them or subpoenaing them. No request for the use of compulsory process was ever made. No knowledge of the names or whereabouts of the alleged…