William K. Parker v. United States

Parker and a co-defendant, Myers, were convicted of robbing a federally insured savings and loan association ( 18 U.S.C. § 2113 (a)), and Parker appeals. We affirm.

Parker does not argue that there is not sufficient evidence to support the conviction. Our examination of the record persuades us that the evidence is more than sufficient. We will therefore state only so much of the facts as seems necessary to elucidate our disposition of the various arguments that he makes. We consider each argument separately.

1. Separate trial.

The three defendants were tried together. Under Rule 8, F.R.Crim.P., this was prima facie proper. Both before and during the trial, Parker moved for a separate trial. These motions were denied. The trial judge has a considerable discretion in ruling on such motions. Loux v. United States, 9 Cir., 1968, 389 F.2d 911, 920 , and cases cited; Duke v. United States, 9 Cir., 1958, 255 F.2d 721, 729 . The question then becomes, was that discretion abused, i. e., was the joint trial so prejudicial to Parker as to require the exercise of that discretion in only one way, by ordering a separate trial for him?

In support of his argument that a separate trial should…