Theodore Green v. United States

WOODBURY, Chief Judge.

In the autumn of 1952 the appellant Theodore Green was convicted in the court below on a three-count indictment charging him with entering a bank with intent to commit a felony, robbing the bank, and assaulting or putting in jeopardy the lives of persons by use of a dangerous weapon while committing the robbery in violation of Title 18 U.S.C. §§ 2113(a) and 2113(d). We allowed Green to appeal in forma pauperis but later dismissed his appeal “for want of diligent prosecution.” Ever since he has tried repeatedly by motions, some under Criminal Rule 35 and others under §…