United States v. Roger Clabaugh, United States of America v. Hugh Colomb, United States of America v. Earl McGeorge
Opinion
Opinion
I. FACTS
The three appellants were convicted of two separate bank robberies by a jury. 18 U.S.C. § 2113 (a)(d). Appellant Clabaugh was also subsequently convicted of a third count of bank robbery in a court trial based on stipulated facts. Clabaugh was sentenced to concurrent 25-year terms on each count. Appellant Colomb received concurrent 25-year sentences, and appellant McGeorge received concurrent 20-year sentences on the same two counts. Timely notices of appeal followed.
The most substantial question on appeal is whether the detention which led to appellants’ arrest and the seizure of critical evidence was lawful. The jury instructions on reasonable doubt, the limitations on voir dire questioning, and the admission of certain other evidence are also challenged.
II. DETENTION
Appellants and a fourth man were “stopped” in their car by two Los Angeles narcotics officers on January 12, 1977. By the time the officers reached appellants’ automobile, they had sighted, in plain view, a pistol on the car seat which gave the officers probable cause to arrest. Other inculpatory evidence was found in plain view and in a search incident to arrest.