United States v. Rex Edward Darland

POLITZ, Circuit Judge:

Rex Edward Darland appeals his conviction by jury of robbery of a federally insured bank, 18 U.S.C. § 2113(a). We reverse.

Darland and Randall DeWayne Garrick were indicted for the robbery of the Fulton Branch of the Bank of Thomasville, Alabama. Garrick pleaded guilty and became a voluntary witness at Darland’s trial at which his testimony was the principal evidence offered by the government. Darland did not testify. His defense consisted of the testimony of one alibi witness and the affidavit of an elderly lady tendered as a character witness. The character witness…