Charles Eugene Hayter v. United States

362 F.2d 973, 1966 U.S. App. LEXIS 6047

Opinion

PER CURIAM:

The judgment of conviction of appellant on a bank robbery charge is affirmed. The government’s case was that Hayter drove the get-away ear as part of a robbery of a national bank. The appellant appeals and says the evidence was insufficient. A review of the record shows it sufficient for a finding of guilt beyond a reasonable doubt.

Appellant also complains of the rejection of his tendered instruction on circumstantial evidence, which in effect said that a defendant must be found guilty on circumstantial evidence only if the case removes all doubt. Beyond a reasonable doubt is sufficient. The jury was fairly instructed on circumstantial evidence. See Strangway v. United States, 9 Cir., 312 F.2d 283.