United States v. Herbert Ray Jones

LAY, Circuit Judge.

Defendant was convicted and sentenced for armed robbery of a federally insured bank under 18 U.S.C. § 2113(d).1 The indictment alleged that while committing this act the defendant assaulted and placed in jeopardy the lives of five persons. The defendant urges several grounds for reversal. We need only discuss the claim of insufficient evidence, which we sustain.

The facts show that on February 21, 1967, the Bank of Minneapolis and Trust Co. was robbed by two armed men at approximately 3:00 p. m. who placed the lives of the bank tellers in jeopardy. These men wore ski masks…