Arthur Mares v. United States

HICKEY, Circuit Judge.

This is an appeal from a second jury trial granted appellant, see Mares v. United States, 383 F.2d 805 (10th Cir. 1967). Upon retrial the appellant, Arthur Mares, was found guilty of violating 18 U.S.C. § 2113(a) and (d).

The evidence was entirely circumstantial and is summarized in the first trial court’s opinion denying motions for new trial. 1 The second trial was granted because of a potentially prejudicial newspaper story published during the first trial. Appellant now claims the evidence was insufficient to sustain a guilty verdict.

This court has established a…