United States v. Patrick Ralph Rizzo A/K/A Alfred Dale Rosenheck

FAIRCHILD, Circuit Judge.

Patrick .Rizzo was convicted of the offense defined by 18 U.S.C. sec. 2113 (d), robbery of a federally insured bank, aggravated by assaulting the teller, Vera Martin, or putting her life in jeopardy by the use of a dangerous weapon. On appeal he argues (1) that the district judge failed to make sufficient inquiry whether the jurors had heard a prejudicial radio broadcast, (2) that the evidence does not support a finding either of an assault on Mrs. Martin or that her life was placed in jeopardy, and (3) that the instructions defining assault were erroneous.(1)…