Robert Lee Deloach v. United States

BURGER, Circuit Judge.

Appellant and three co-defendants, Collins, Queen and Simms, were indicted for robbery. Queen and Simms, both juveniles, entered pleas of guilty. Collins and DeLoach were tried together. Collins was acquitted.

Early in the morning hours of January 22, 1961, the four co-defendants drove in appellant’s car to a small restaurant. Appellant, Simms and Queen entered, Collins remained in the car. The restaurant had no other customers. Appellant ordered sandwiches to take out and then went to look in the kitchen behind the dining room. As he left the restaurant two witnesses…