Henry A. Moore v. United States

349 F.2d 963

• Court: Court of Appeals for the D.C. Circuit
• Decided: September 23, 1965
• Docket: 18121_1
• Status: Published

Opinions

PER CURIAM.

Moore appeals from conviction of robbery. The evidence developed at trial disclosed that one Talley, the complainant, had been in a certain restaurant for about an hour and a half one evening during which time he had bought drinks for several persons, revealing he had a sizeable amount of money on his person. Robertson, the manager of the restaurant, observed the Appellant to enter and leave the restaurant three or four times in this interval, “nos[ing] around the table where Mr. Talley was sitting * * * and looking at Mr. Talley.” Close to closing time Robertson saw that Talley was beginning to doze off and advised him, “don’t leave the restaurant. Stay there until I get through counting the money and I would see he got home.” At that time the Appellant was standing next to Talley, who was seated. About five minutes later while Robertson was counting the night’s receipts,

one customer hollered [to Robertson], he is taking him out. So when I looked up, the defendant there had him by the arm taking him out the door.

Robertson jammed his money into a cigar box and ran outside to see Talley on the ground and the Appellant fleeing up the street. Robertson later picked Appellant out of a police lineup. His identification was confirmed by that of the witness Saunders, a waitress, who accompanied Robertson in the abortive attempt to help Talley and who had known the Appellant for 15 or 16 years, and had seen him in the restaurant that night. Mrs. Saunders was so positive of Appellant’s identity that she proceeded directly from the scene of the crime to inform his mother of the events.

In these circumstances any error in production of certain statements under the Jencks Act, 18 U.S.C. § 3500 (1958), was harmless error.

Affirmed.