United States v. Richard Ray Parson

Appellant Parson was indicted along with one Kenneth Lloyd Pendleton in a three count indictment alleging violation of subsections of 18 U.S.C. § 2113 , prohibiting robbery of federally insured banks. Pendleton alone was charged in the first count of the indictment with robbery of a bank on January 15, 1969. Parson and Pendleton were jointly charged in counts two and three with robbing the same bank on March 24, 1969; count two charging violation of 28 U.S.C. § 2113 (a) (bank robbery) and count three charging violation of 28 U.S. C. § 2113(d) (armed bank robbery). The jury convicted on all counts. Parson was sentenced to twenty years on each of counts two and three, the sentences to run concurrently.

The principal issue raised by this appeal revolves around a denial by the trial judge of a last minute motion to sever and for a separate trial for appellant. On the morning set for trial, counsel for Parson, for the first time, made the motion to sever the defendant from the co-defendant and permit a separate trial. The motion correctly pointed out that count one of the indictment dealt with an offense in which Parson was not alleged to have participated and which was not connected…