United States v. Forest Gustave

On this appeal from appellant’s conviction of bank robbery, appellant was identified as the holder of the shotgun used therein by at least five persons in the bank at the time. Other witnesses in the bank were unable to identify him as one of the two participants in this armed robbery.

Two errors are urged — one: that the evidence was insufficient to convict appellant. We disagree. The evidence, though conflicting, was abundantly sufficient to establish appellant’s guilt beyond a reasonable doubt. Two: that the court erred in giving an instruction that the appellant was not required to take…