United States v. Wendell Hudson

Appellant Wendell Hudson appeals from his jury conviction for armed post office robbery under 18 U.S.C. § 2114 . We reverse and remand.

Facts and Proceedings Below

On December 81, 1975, a masked man entered an Oakland, California pharmacy which housed a United States Postal Service contract station. He brandished a handgun and proceeded to take approximately $100. Witnesses testified that an undisguised and unarmed man was at the pharmacy during the crime and that one of the two men said “Let’s go” to the other before they exited together.

After being identified as the unmasked accomplice by witnesses, Hudson was charged by indictment with having placed the life of a postal clerk in jeopardy by use of a dangerous weapon, in violation of 18 U.S.C. § 2114 . Though there was no evidence presented at trial that the unmasked man had a weapon, the prosecution’s theory was that Hudson aided and abetted the principal. See 18 U.S.C. § 2 (a). The jury returned a verdict of guilty, and the district court sentenced him to federal custody for a period of 25 years, with parole eligibility after 3 years.

Issues and Discussion

Appellant raises two issues on appeal: (1) that identification…