United States v. Rudolph v. Hoke

Hoke appeals his conviction following jury trial of bank larceny in violation of 18 U.S.C. § 2113 (b).

The Kahala Branch of the International Savings and Loan Association (ISLA) was robbed on November 15, 1978. The government’s proof by eyewitnesses was to the effect that Hoke was owner of and passenger in the car used by the robber in reaching and leaving the bank on the occasion of the robbery. Hoke’s defense was alibi.

Hoke contends on appeal that the proof of guilt was insufficient to support the jury verdict. While it was very thin, still, viewing the evidence in the light most favorable to the government, we cannot say as a matter of law that the jury could not have found guilt beyond a reasonable doubt.

Hoke contends that the proof constituted an impermissible variance from the indictment. The indictment stated that ISLA was insured by the Federal Deposit Insurance Corporation. The proof was that it was insured by Federal Savings and Loan Insurance Corporation. We hold that variance to be without prejudice as an obvious inadvertence that did not affect substantial rights of the defendant. It is to be disregarded. United States v. Radowitz, 507 F.2d 109 (3d Cir.…