United States v. Michael J. McNamara

COFFIN, Circuit Judge.

This is an appeal from a judgment of conviction for bank robbery, in violation of 18 U.S.C. § 2113(a), following the same trial discussed by us in detail in United States v. DeLeo, 422 F.2d 487 (1st Cir. 1970), filed this date. Appellant raises two issues. The first is whether the indictment, using the statutory words “force”, “violence”, and “intimidation”, and omitting, as does the statute, any separate reference to felonious intent, was fatally defective. We hold that it was not, for reasons stated in United States v. DeLeo, supra.

The second question is whether the…