United States v. A. D. Allison

Defendant appeals from his conviction of armed bank robbery in violation of 18 U.S.C. § 2113 (a) (d) (1964). We affirm.

On March 28, 1968, two men entered a San Francisco branch of the American Savings and Loan Association, held several employees at gunpoint, and escaped with bank funds. Several days later, defendant was identified as one of the bandits from a spread of photographs shown to employees of the bank by agents of the Federal Bureau of Investigation. Defendant learned that he was being sought and surrendered to authorities.

At trial, two of the bank’s employees identified defendant as a participant in the robbery. In addition, one William Langley testified that defendant solicited his assistance in robbing the bank, but that he refused and left San Francisco before the date of the robbery. Mrs. Langley also testified, corroborating her husband.

The defense was mistaken identity and alibi. Defendant’s sister testified that defendant was with her at the time of the robbery, and nearly continuously from 9:00 or 10:00 in the morning until midnight on that day. Defendant testified to the same effect. He also testified that on several occasions Mr. and Mrs. Langley sought…