St. Charles v. United States

Good Law
86 F.2d 463·1936 U.S. App. LEXIS 3763
United States Court of Appeals for the Ninth CircuitNovember 25, 1936Nos. 7921, 7922California745 words

Opinion

Lead Opinion

Haney, J.

Appellant seeks review of convictions on each of two counts in an indictment.

Two other defendants and appellant were indicted in one count for robbery and attempted robbery of a natiorial bank, in violation of 12 U.S.C.A. § 588b. The three defendants were charged in the second count with a conspiracy to rob a national bank. The first trial resulted in a verdict of guilty against appellant on the second count, but the jury was unable to reach an agreement as to the first count. An appeal was taken from the judgment upon said conviction. At the second trial on the first count, the jury returned a verdict of guilty against appellant, from the judgment on which an appeal was taken.

Appellee has filed motions to the bill of exceptions and assignments of error in each appeal. With respect to the first count, the verdict of guilty was returned on July 12, 1935, sentence was pronounced on July 15, 1935, and, notice of appeal was filed on July 19, 1935. On July 30, 1935, an order was entered, extending the time within which to file the bill of exceptions to and including September 19, 1935. The assignments of error were not mentioned in this order. Subsequent orders extending the time…

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