United States Court of Appeals for the Ninth Circuit
532 F.2d 1318 (1976)
Curtis Bowser (defendant), Sharon Held (defendant), and Robert P. Farrelly (defendant) conspired to take money from a bank in San Francisco, California. Bowser waited outside in a getaway car while Farrelly went inside the bank and handed a note to Held, who worked as a bank teller, demanding money with the threat of violence if she did not comply. Held handed over about $5,000 to Farrelly who carried the money outside the bank and into the getaway car. Held waited a short period of time so that Farrelly could get away before informing her supervisor that she had been robbed. The three defendants were charged with entering a bank with intent to commit a felony in violation of 18 U.S.C.A. § 2113(a); bank larceny in violation of 18 U.S.C.A. § 2113(b); and conspiracy to commit bank larceny in violation of 18 U.S.C. § 371. Prior to trial Farrelly and Held entered pleas of guilty to the third count and the other counts were dismissed. Bowser stood trial and was found guilty by a jury on all three counts. Bowser appealed, arguing that he was improperly charged with larceny.
Rule of Law
Holding and Reasoning (Christensen, J.)
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