United States v. Kenneth Lowell Gordon

MATTHES, Chief Judge.

Count I of the indictment charged that appellant conspired with seven other named persons to violate 18 U.S.C. §§ 2113(a), 2113(b), 2113(c), and 2113(d). Count II charged that appellant aided and abetted other named persons in the commission of bank robbery in violation of 18 U.S.C. §§ 2113(a) and 2113(d). After all of the evidence was in, the court indicated that appellant’s motion to elect would be granted. Thereupon the Government abandoned the conspiracy count and it was dismissed. The jury, under appropriate instructions, found appellant guilty under Count II of the…