United States v. Curtis Bowser

The larceny from the bank may have been a fake as far as the appellant and a coeonspirator teller were concerned; it was very real as to the bank from which more than $5,000 of its money was taken and carried away without its consent by a third conspirator according to the proofs of the government. This distinction leads to our rejection of the primary contention on this appeal: that there was fatal variance between the allegations of the indictment based on a theory of larceny and the proof which established no more than that appellant was associated with the teller in the commission of embezzlement.

A three count indictment jointly charged Sharon Held, Robert P. Farrelly and appellant Curtis Bowser with the offenses of entering a bank with intent to commit a felony, to-wit: bank larceny, in violation of 18 U.S.C. § 2113 (a), bank larceny in violation of 18 U.S.C. § 2113 (b), and conspiracy to commit bank larceny in violation of 18 U.S.C. § 371 . Upon arraignment each defendant entered a plea of not guilty. Thereafter, Farrelly and Held withdrew such pleas and entered pleas of guilty to count three of the indictment, the other counts being dismissed as to them.…