Ernest E. Pitman v. United States

HAMLIN, Circuit Judge.

Ernest E. Pitman, appellant herein, was convicted by a jury in the United States District Court for the District of Nevada of assault with a dangerous weapon during a bank robbery, a violation of 18 U.S.C. § 2113(d). He filed a timely appeal in this court which has jurisdiction under 28 U.S.C. § 1291.

Appellant does not challenge the sufficiency of the evidence to support a conviction, nor does he complain of the instructions given to the jury. His first assignment of error is that the indictment is defective because (1) it fails to charge that he willfully committed the…