United States v. Edward Kenneth Small, Jr. Appeal of Samuel Samson Allen

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal is from the District Court’s denial of appellant’s motions for a new trial and for acquittal following his conviction by a jury of armed bank robbery and conspiracy. 1 Appellant was tried alone.

One of the Government’s chief witnesses was Edward Kenneth Small, Jr., an alleged accomplice, who had pled guilty and been sentenced prior to appellant’s trial. According to the Government, it was Small and appellant who had committed the robbery on February 11, 1969. 2 Small’s testimony was central to the Government’s case, since appellant had…