United States of America, Plaintiff-(Appellee) v. Kenneth Larry Williams, Defendant-(Appellant)

The appellant, Kenneth Larry Williams, and a co-defendant, Clifton Hud-speth, were charged in a one-count Indictment with violation of Title 18, United States Code, Section 2113 (a), bank robbery, on or about July 2, 1970. The jury Returned a verdict of guilty as to Williams and not guilty as to Hud-speth.

The Government called three witnesses, each of whom positively identified the defendant Williams.

Angelo Cutaia, the operator of a gas station across the street from the bank, identified the appellant Williams as the man he saw run from the bank immediately after the robbery and enter a car parked in the alley behind his station which he described as a light blue or green Ford Motor Company automobile with round tail lights as those on a Thunderbird or Falcon. He testified the appellant passed within ten feet of him and he observed the appellant for about fifteen seconds. Bank tellers Mrs. Sylvia S. Johnson, who gave the appellant the money he demanded, and Miss Anne M. Lindberg, whose name was Mrs. Kelley at the time of the robbery, also positively identified appellant Williams as the person who robbed the bank. Both were eyewitnesses and each had an excellent opportunity to…