United States v. Gerald Wayne Gardner

HASTINGS, Chief Judge.

Defendant Gerald Wayne Gardner was indicted in three counts on January 7, 1964, together with Billy Gene Odam and Ted Allen Starnes. Count I of the indictment charged defendant with a violation of 18 U.S.C.A. § 2113(a) (entering a bank with the intention of committing a felony). Count II charged a violation of 18 U.S.C.A. § 2113(d) (entering a bank with the intention of committing a felony and putting in jeopardy the life of a customer of the bank by using a dangerous weapon). Count III charged a violation of 18 U.S.C.A. § 371 (conspiracy to unlawfully enter a bank with…