United States of America, Plaintiff-(Appellee) v. Kenneth Larry Williams, Defendant-(Appellant)

CRARY, District Judge:

The appellant, Kenneth Larry Williams, and a co-defendant, Clifton Hud-speth, were charged in a one-count Indictment with violation of Title 18, United States Code, Section 2113(a), bank robbery, on or about July 2, 1970. The jury Returned a verdict of guilty as to Williams and not guilty as to Hud-speth.

The Government called three witnesses, each of whom positively identified the defendant Williams.

Angelo Cutaia, the operator of a gas station across the street from the bank, identified the appellant Williams as the man he saw run from the bank immediately after the…