U.S. Court of Appeals for the Ninth Circuit, 1971

United States v. Wanola Pigott

United States v. Wanola Pigott
U.S. Court of Appeals for the Ninth Circuit · Decided December 10, 1971 · Chambers, Wright, Choy
453 F.2d 419 (Federal Reporter, Second Series)

United States v. Wanola Pigott

Opinion

PER CURIAM:

The judgment of conviction for misprision of a felony (a bank robbery) is reversed. The problem with the case is the element of not notifying the officers.

Our analysis of the facts indicates Miss Pigott’s simultaneous involvement in the crime at the moment when her duty to notify could have arisen. But at that point we have a collision with the Fifth Amendment and the latter must prevail.

The defendant was convicted of the wrong crime.

The indictment should be dismissed.

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