Gordon Arthur Lyda and Albert Francis Perrault v. United States

DUNIWAY, Circuit Judge.

Albert Francis Perrault was convicted on two counts of armed bank robbery (18 U.S.C. § 2113(a) and (d)), the first count charging a robbery of the MacArthur and 96th Avenue branch of the Bank of America in Oakland “on or about” October 8, 1961, 1 and the second a robbery of the same branch on January 31, 1962. Gordon Arthur Lyda was charged and convicted only under the second count. With one exception, the errors assigned on these appeals are peculiar to each appellant, and we will discuss each appeal separately.

I. The Perrault Appeal

Perrault’s first challenge is to the…