Richard Lee Golliher v. United States of America, Harry Richard Holmes v. United States of America, Carl Dean Wheeler v. United States

GIBSON, Circuit Judge.

This is an appeal from the United States District Court for the District of Nebraska wherein appellants Golliher, Wheeler, and Holmes were convicted of unlawfully entering a Federally insured bank in violation of 18 U.S.C. § 2113 (a). 1

A little after midnight on the morning of April 28, 1963, Marshal Padgett of the small town of Wallace, Nebraska, was parked in his car across the street from the Farmers State Bank of Wallace. With him were two teen-age youths, Gary Gier and Rodney Ridenour. First, they observed a red and white Pontiac drive by them. A few minutes later…