United States v. Robert Roy Thompson

Appellant was convicted of robbing a bank in Phoenix, Arizona on March 3, 1975, in violation of 18 U.S.C. § 2113 (a) and (d). We affirm.

The government’s case consisted of the testimony of two bank’s tellers who were the only persons present during the robbery. Appellant offered an alibi defense. He claims that on the day in question, he, his father, sister, and brother-in-law were together in Flagstaff, Arizona, where they spent most of their time in a Little America restaurant.

Appellant argues four grounds for reversal. First, he complains the judge abused his discretion by not granting a 24/48-hour continuance to allow him to seek, as an additional witness a friend of his sister’s (and unlike the other alibi witness, not a member of his family) who would testify that on the day of the robbery she was at the Little America restaurant, had met and was introduced to appellant’s father and another person who might have been appellant, and had a short conversation with appellant’s sister. Neither the government nor appellant were previously successful in producing the witness and the trial court denied the request on the grounds that it was not certain the testimony of this…