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United States v. Bowser

United States Court of Appeals for the Ninth Circuit
 532 F.2d 1318 (1976)


Facts

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

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Issue

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Holding and Reasoning (Christensen, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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