James L. Asseltyne v. United States

This is an appeal from appellant’s conviction of robbing a national bank. ( 18 U.S.C. § 2113 (a).) The only error asserted is the insufficiency of the evidence to establish an intent to commit the crime.

There is no doubt as to the sufficiency of the evidence, physical and otherwise, to prove the appellant committed the crime. He was identified by eyewitnesses as the person who presented a note to the bank teller demanding the money, stating that it was a hold-up and that he had a gun. Appellant’s fingerprints were found on the note. Appellant left the bank, discarded his sun glasses and a brief ease, and when an officer of the bank saw the appellant in the vicinity and shouted “Stop, Robber, Help,” appellant fled and hid.

Appellant’s wife asserted appellant had been drinking prior to the incident, and that she had “pushed him” for a divorce. His attorney points to appellant’s asserted lack of memory of the events on the day of the hold-up (from 9:00 A.M. to 2:00 P.M. only of that day) and previous psychiatric treatment, to establish that at the time of the robbery, appellant could have had no specific intent to rob the bank.

This presents a question of fact, not of law. Two…