United States v. Jimmie Jones

Defendant Jones appeals from a judgment of conviction entered on a jury verdict for the armed robbery of a federal savings and loan association using a dangerous weapon in violation of 18 U.S.C. § 2113 (a), (d). We affirm the conviction.

The factual background of the case is essential to consideration of appellant’s contentions. At about 1:00 p. m. on Oc tober 30, 1973, two black men entered the West Los Angeles branch of First Federal Savings and Loan Association. They approached the teller’s window where the taller of the two men said, “We would like to make a withdrawal account.” According to teller Cohen the shorter of the two men then raised a gun and said, “This is a robbery. Give me all of your money.” According to the other teller, Mrs. Gamboa, the taller man stepped forward and said, “Okay. This is a holdup. This is a robbery.”

The taller man then approached teller Cohen and handed her a paper bag, saying, “Give me your bills. No coin, just paper.” She thereupon filled the bag with money. The taller man next approached teller Gamboa and gave her a bag stating, “Just paper, no coin.” She filled the bag with money, including “marked money” pulled from a metallic…