Arthur Dale Jack v. United States

In an indictment found by the Grand Jury in the United States District Court for the Eastern District of California, Lee and Doty were charged with a violation of 18 U.S.C. § 2113 (a) (d) (armed bank robbery), and Arthur Dale Jack, appellant herein, was charged with aiding and abetting Lee and Doty in the commission of such crime ( 18 U.S.C. § 2 ). Prior to Jack’s trial Lee and Doty confessed to the crime, and each pleaded guilty. Appellant pleaded not guilty and was convicted after a jury trial. A timely appeal was filed in this court, which has jurisdiction under 28 U.S.C. § 1291 .

At appellant’s trial both Doty and Lee testified for the government and implicated appellant in the arranging and planning of the bank robbery and in driving a getaway car after the robbery. Prior to the trial Lee had made a statement which could be interpreted as exculpating Jack from the bank robbery. Also, during the trial Doty admitted that he had testified falsely concerning the group’s activites on the day before the robbery. However, in their confessions and in their testimony at the trial, Lee and Doty consistently implicated Jack in the robbery. The evidence was clearly sufficient to support…