United States v. Malcolm Moore

This is an appeal by Malcolm Moore from a jury conviction on charges of aiding and abetting in a bank robbery. We reverse for error in the trial court’s making inquiry as to the numerical division of the jury.

On May 6, 1981, Community First Bank in Bakersfield was robbed by two armed men. One of them, Cardwell, was recognized by tellers as a former customer. Cardwell pled guilty and testified against alleged accomplices Moore, Tinnin, and Brown. According to Cardwell, he and Tinnin were the two men who entered the bank, while Moore drove the getaway car. Moore, testified Cardwell, helped steal the getaway car.

Moore, Tinnin, and Brown were tried together. Brown was acquitted; Tinnin and Moore were convicted. We are concerned here only with Moore.

We reject one of Moore’s arguments on appeal. He contends the trial court committed plain error in not instructing the jury to consider the testimony of alleged accomplices with special care. Failure to give an accomplice credibility instruction does require reversal “when the accomplice’s testimony is ‘important to the case,’ i.e., it supplies the only strong evidence of guilt.” United States v. Patterson, 648 F.2d 625, 630-31 (9th…