United States v. Homan

ORDER

DAUGHERTY, District Judge.

The above-named movant was convicted by a jury of entering The City Bank at Muskogee, Oklahoma, which bank was insured by the Federal Deposit Insurance Corporation with an intent to commit therein a felony, namely, the taking of money belonging to the bank, in violation of 18 U.S.C. § 2113(a). After his conviction he perfected an appeal which raised three points:

1. A misnaming of the bank in the Indictment resulting in a variance in the Indictment and evidence adduced at trial, the evidence showing that the correct name of the bank was “City Bank” and not “City…