United States v. Donald Eugene Parker, United States of America v. Nicholas Faithe

Defendant Parker was indicted on four counts of armed bank robbery (Counts IIV) and one count of bank larceny (Count V) . Defendant Faithe was indicted on one count of armed bank robbery (Count IV). Count IV was subsequently severed. Parker was convicted by a jury on Counts I, III, and V, and at a later trial Parker and Faithe were convicted by a jury on Count IV. Both defendants appeal raising separate and distinct issues.

The evidence adduced at the two trials, construed in the light most favorable to the Government, Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942); United States v. Glover, 514 F.2d 390 (9th Cir.), cert. denied, 423 U.S. 857 , 96 S.Ct. 108 , 46 L.Ed.2d 83 (1975), established that on three dates in July 1975 Parker and another armed man entered banks in California, collected money from cash drawers at various tellers’ windows, and then fled. For each robbery Parker was identified by eyewitnesses or bank surveillance photographs or a combination of both. The evidence also established that on another occasion in July 1975 Parker entered a California bank which he had visited earlier on that day and presented a bill in Chinese currency…