Richard Case Nagell v. United States

COLEMAN, Circuit Judge:

This appellant was convicted by a jury of having entered a federally insured bank with intent to rob and of attempting to commit robbery in violation of 18 U.S.C.A. § 2113(a). He was sentenced to the maximum penalty of ten years in the custody of the Attorney General. He elected to begin serving the sentence pending appeal.

The record shows that late in the afternoon of September 20, 1963, appellant went into the State National Bank of El Paso, Texas. He asked where travelers’ checks could be obtained, and upon reaching the proper cage asked the lady teller for one…