United States v. James William Epperson, United States of America v. Gary Harold Morris

Before BARNES, HUFSTEDLER and WRIGHT, Circuit Judges.

Appellants James William Epperson and Gary Harold Morris were each found guilty in a jury trial of violating 18 U.S.C. § 2113 (a) and (d). Both defendants were sentenced to twenty years imprisonment on each count, to run concurrently.

On May 2, 1975, a robbery occurred at the Espeeco Federal Credit Union in Bakersfield, California. On May 3, 1975, upon receipt of information that a certain Michael Johnson had paid his rent with a bait bill taken from the Credit Union he was arrested. On that same date, Bakersfield City Police Officers, without having obtained a search warrant, but having opportunity to do so, arrived at Johnson’s apartment and asked his roommate, Faye Marler, whether they could search the premises. A consent search form was read and presented to Marler, which she signed. Upon searching the apartment, the officers found a radio, hat, a pillowcase containing certain articles, and a suitcase in a room which had been occupied by appellants with Johnson’s permission while Marler had been absent from the premises, and in a hospital. She had no knowledge that appellants had stayed at her apartment. At…