Bobby Joe Thomas v. United States

GODBOLD, Circuit Judge:

This bank robbery case must be reversed under the Milanovich doctrine. Milanovich v. United States, 365 U.S. 551, 81 S.Ct. 728, 5 L.Ed.2d 773 (1961).

The appellant was indicted in six counts: Count 1, conspiracy in violation of 18 U.S.C. § 2113(a) (b) (c) and (d); Count 2, conspiracy in violation of § 2113 (a); Count 3, taking of money in violation of § 2113(a); Count 4, taking and carrying away the same money in violation of § 2113(b); Count 5, receiving and possessing the same money in violation of § 2113(c); Count 6, taking the same money by use of a dangerous weapon,…