United States v. Freddie Eugene Daniels

LIVELY, Circuit Judge.

The defendant was charged in two separate counts of an indictment with violating 18 U.S.C. § 2113(a) and (d). In count one he was charged with entering a federally insured bank with intent to take money “by force and violence and by intimidation.” Count two charged Daniels with the actual taking of money from a teller in the bank “by force and violence and by intimidation,” and with assaulting the bank teller during the commission of the robbery. A jury found Daniels guilty under count one of the indictment and not guilty under count two thereof. On appeal he argues ten…