United States v. Jerry Lee Rux

This is an appeal from the District Court’s judgment (a jury having been waived) finding appellant guilty of violating Title 18 U.S.C. § 3 . The appellant (defendant) was charged in Count I of the Indictment with receiving money taken in a bank robbery in violation of Title 18 U.S.C. § 2113 (c) and in Count II with being an accessory after the fact to a bank robbery in violation of said Section 3. The trial court found the appellant not guilty of the charge alleged in Count I and guilty as charged in Count II which count alleged the following:

The issue present on this appeal is whether the evidence presented before the trial court was and is sufficient to sustain the conviction of appellant. The appellant did not testify at the trial and does not now dispute the evidence introduced by the Government. He strenuously argues that the evidence was and is not sufficient to convict him of the charge alleged in Count II.

An examination of the record reveals that appellant’s brother, Jay Hugh Rux, Jr., robbed the Ballard Branch of the Washington Mutual Savings Bank of approximately $6,608, at about 10:00 a. m. on May 9, 1967. On Monday, May 8, 1967, the appellant and his brother Jay…