United States v. Larry Allen Myers

CLARK, Circuit Judge:

Larry Allen Myers challenges the validity of his federal bank robbery conviction. He contends that the district court committed reversible error when it (1) refused to strike the testimony of alibi rebuttal witnesses whose identities were not disclosed before the trial, (2) admitted evidence indicating that Myers had previously been convicted of armed bank robbery, and (3) gave the jury a flight instruction that lacked sufficient evidentiary support. We agree, and therefore we reverse the decision of the district court. 1

On June 13, 1974, at approximately two o’clock in…