United States v. Clarence Earl Jones

Defendant Jones appeals from his conviction for aiding and abetting the robbery of a bank with a dangerous weapon. We reverse in part, vacate in part, and remand.

I. Statement of the Case

On January 23, 1978, a lone gunman entered an Arizona bank, pointed what appeared to be a gun at a teller, and demanded that she put money on the bank counter. He took the money and fled to a waiting car. In May, a federal grand jury indicted Jones on a two-count indictment. He was charged with aiding and abetting the robbery of a bank in violation of 18 U.S.C. §§ 2113 (a) and 2, and also with aiding and abetting the use of a dangerous weapon in committing the robbery, in violation of 18 U.S.C. §§ 2113 (d) and 2. Jones’ co-defendant pleaded guilty prior to trial. A jury found Jones guilty on both counts.

Because this appeal largely concerns the sufficiency of the evidence, an extended discussion of the evidence offered at trial is appropriate. Various bank employees testified for the Government that a lone gunman, whom they identified as Jones’ co-defendant, had robbed the bank. Other witnesses identified the “get-away” car as one Jones had borrowed from a friend, Blake, before the robbery.…