United States v. John MacHibroda

Prince v. United States, 352 U.S. 322, 77 S.Ct. 403, 1 L.Ed.2d 370 (1957) is directly in point and determines decision in the above-styled appeal. In Prince, the United States Supreme Court held that the first of two counts of the federal bank robbery statute (Title 18, U.S.C. § 2113(a) 1 — entering a bank with intent to steal) was included in and was merged into the second (Title 18, U.S.C. § 2113 (d) 2 — robbing a bank by force), and hence could not be the subject of a separate sentence.

The court said:

“The gravamen of the oifense is not in the act of entering, which satisfies the terms of…