United States v. Michael P. Fosher

COFFIN, Chief Judge.

This is the second appeal arising from the prosecution of appellant for bank robbery and assaulting bank employees. Appellant’s first conviction was reversed and remanded for a new trial. United States v. Fosher, 568 F.2d 207 (1st Cir. 1978). The jury in appellant’s first retrial was unable to reach a verdict. A second retrial resulted in conviction, from which this appeal arises. The facts and evidence involved are set out in our first opinion in this case.

As noted in our first opinion, the government’s case depended almost entirely upon the testimony of two eyewitnesses…