United States v. Paul James McCarthy

McLAUGHLIN, Circuit Judge.

The defendant was convicted of bank robbery and appeals. On his behalf it is strongly argued that the evidence was not sufficient to justify the case going to the jury. While the jury under the evidence could have decided either way, we must agree with the district judge that a jury question was presented.

Appellant’s other two points are substantial and call for a new trial. The first of these presents a Jencks Act situation. The defendant was interviewed by two F.B.I. agents and a Pennsylvania state trooper five days after the robbery. The agents, Smith and Carrig,…