U.S. Court of Appeals for the Fourth Circuit, 1958

Earl Kill Smith v. United States

Earl Kill Smith v. United States
U.S. Court of Appeals for the Fourth Circuit · Decided March 3, 1958 · Parker, Sobeloff, Haynsworth
250 F.2d 37 (Federal Reporter, Second Series)

Earl Kill Smith v. United States

Opinion

PER CURIAM.

This is an appeal from denial of a motion, made under Rule 35 of the Rules of Criminal Procedure, 18 U.S.C., to- correct the sentence in a criminal case. Appellant pleaded guilty to, an indictment charging bank robbery and that in perpetrating the robbery he put in. jeopardy the lives of named persons “by the use of a dangerous weapon”. He was-sentenced to a term of twenty-five years, imprisonment and to pay a fine of $10,-000. He complains of this sentence on the ground that the “dangerous” weapon was not more specifically described in the indictment. The point is without merit for reasons adequately stated in the opinion of the District Judge. United States v. McGann, 150 F.Supp. 463. The crime was charged in the language of the statute (18 U.S.C. § 2113(d)); and it is well settled that this is sufficient.

Affirmed.

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