United States v. John Miles Sturgis

Good Law
578 F.2d 1296·3 Fed. R. Serv. 614·1978 U.S. App. LEXIS 9957
United States Court of Appeals for the Ninth CircuitJuly 26, 197877-3995California2,803 words

Opinion

Opinion

Kilkenny, J.

Appellant, with two others, was indicted, tried by a jury and convicted of bank robbery by force, violence, and intimidation in violation of the provisions of 18 U.S.C. § 2113 (a) and (d). WE AFFIRM.

BACKGROUND

On August 22, 1977, the Moreland-Sell-wood Branch of The First National Bank of Oregon, Portland, Oregon, was robbed of approximately $16,500.00 by four men. Pruett, one of the four, turned state’s evidence. He testified that he, the appellant, Charlesworth and Culwell, met at appellant’s apartment on August 21, 1977, and there decided to rob a bank. The witness testified that Culwell ordered him, Charles-worth, and appellant to steal a get-away car.

At about 4:00 A. M. on the 22nd, they stole a light green Volkswagen with Washington license plates. The Volkswagen was driven to a parking lot near appellant’s apartment where it remained overnight. Shortly afterwards, Pruett and Charles-worth returned to their apartment. At about nine that morning, Culwell phoned Pruett and Charlesworth and advised them that they should meet him and appellant at the appellant’s apartment.

At appellant’s apartment the men removed certain disguises, clothing and a shotgun from a white…

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