Carmelita F. Doss v. United States of America, James Leroy Doss v. United States

James Doss and Carmelita, his wife, appeal from judgments entered on verdicts finding James guilty of bank robbery ( 18 U.S.C. § 2113 (a) (d) and Car-melita guilty of assisting James in said robbery as an accessory after the fact ( 18 U.S.C. § 3 ).

We will discuss the asserted errors seriatim.

First, that the district judge denied defendants’ motion to dismiss the indictment on the ground that it was based solely upon hearsay. We disagree. Jack v. United States, 409 F.2d 522 (9th Cir. 1969); Wood v. United States, 405 F.2d 423 (9th Cir. 1968), cert. den. 395 U.S. 912 , 89 S.Ct. 1756 , 23 L.Ed.2d 224 , and Johnson v. United States, 404 F.2d 1069 (9th Cir. 1968), cert. den. 395 U.S. 912 , 89 S.Ct. 1761 , 23 L.Ed.2d 224 .

Second, that the district judge denied defendants’ motions to suppress and overruled their objections to identification testimony by witnesses Meija and Mang. Defendants urge error in three separate respects.

(a) The compelled appearances.

After defendants had been released on bail, the judge made an order compelling them to appear at police lineups. Their attorney was present throughout the proceedings.

Defendants argue that the district judge lacked power to…