U.S. Court of Appeals for the Sixth Circuit, 1969

United States v. Ernest Holt

United States v. Ernest Holt
U.S. Court of Appeals for the Sixth Circuit · Decided March 24, 1969 · Weick, O'Sullivan, McCree
408 F.2d 499; 1969 U.S. App. LEXIS 13140 (Federal Reporter, Second Series)

United States v. Ernest Holt

Opinion

PER CURIAM.

Ernest Holt appeals from his conviction, upon jury verdict, of both counts of an indictment charging him with bank robbery. He was sentenced to twenty-five years on each count the sentences to run concurrently. He was identified as one of the participants in the bank robbery by witnesses expressing varying degrees of confidence in their identification. Holt’s spending and displaying of unwonted amounts of cash following the robbery was received as corroborating evidence. An accomplice testified in detail as to Holt’s association with him in accomplishing the robbery.

The District Judge’s charge to the jury was argumentative, and it is urged that his there recitals of fact were in some instances inaccurate. However, in view of the clear evidence of guilt and the fact that objections to the Court’s charge were not made before the jury retired, as required by Rule 30, F.R.Crim.P., we will not find reversible error in the Court’s instructions.

We have considered other claims of error and are satisfied that none of them call for reversal in this case.

Judgment affirmed.

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