United States v. Biaggio Barrasso and Philip Cuttone

HASTIE, Circuit Judge.

Two men, Barrasso and Cuttone, are here appealing from their conviction of the crimes of robbing and conspiring to rob a bank. They complain of the instructions given to the jury, as well as the court’s failure to give requested instructions, concerning their defense of alibi and concerning the credibility of one Fergerson, a very important prosecution witness.

The witness Fergerson testified against the appellants after an earlier separate trial had resulted in his conviction of the robbery in question. At the present trial, contradicting his testimony at his own trial,…