United States v. Billy Joe Kunkel

Billy Joe Kunkel, appellant herein, was convicted after a jury trial in the United States District Court for the Central District of California of two violations of 18 U.S.C. § 2118 (a) — robbery of federally insured savings and loan associations. This court has jurisdiction over appellant’s direct appeal under 28 U.S.C. § 1291 .

The facts will be briefly reviewed as appellant makes no claim that they are insufficient to support the verdict. On March 1, 1967, the office of Home Savings and Loan Association at Montebel-lo, California, was robbed, and certain money was taken therefrom. At his trial Kunkel was identified by eye witnesses as the robber. His finger prints were also found on a door at the scene of the crime. The first count in the indictment charged áppellant with the commission of this robbery.

On July 11, 1967, the office of Southern California Savings and Loan Association in Montebello, California, was robbed and certain money taken therefrom. This robbery was charged in the second count of the indictment. On the same day, shortly after this second robbery, a checkbook bearing appellant’s name was found by a teller in the bank. The authorities were notified and…