United States v. Leonard McIntosh

Third Circuit

United States v. Leonard McIntosh

463 F.2d 250, 1972 U.S. App. LEXIS 8622

CourtCourt of Appeals for the Third Circuit

DecidedJuly 3, 1972

Docket72-1323

StatusPublished

Cited by10 cases

This text of 463 F.2d 250 (United States v. Leonard McIntosh) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Leonard McIntosh, 463 F.2d 250, 1972 U.S. App. LEXIS 8622 (3d Cir. 1972).

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Opinion

OPINION OF THE COURT

PER CURIAM:

Found guilty by a jury of robbing the Delaware Trust Company, 18 U.S.C. § 2113(a), appellant raises as the sole question on this appeal that the government failed to produce sufficient evidence that the bank was insured by the Federal Deposit Insurance Corporation, a crucial element of the crime charged. At trial, the Assistant Vice-President and Manager of the Wilmington Office of the Delaware Trust Company testified that he was custodian of the charters of the bank, and that on the critical date, March 14, 1969, the bank was a member of the F.D.I.C. His testimony was not contradicted.

We hold that the uncontradicted testimony was sufficient to sustain the government’s burden. United States v. Phillips, 427 F.2d 1035, 1037 (9th Cir.), cert. denied, 400 U.S. 867, 91 S.Ct. 108, 27 L.Ed.2d 106 (1970); United States v. Safley, 408 F.2d 603, 605 (4th Cir.), cert. denied, 395 U.S. 983, 89 S.Ct. 2147, 23 L.Ed.2d 772 (1969).

The judgment of conviction will be affirmed.

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OPINION OF THE COURT

PER CURIAM:

Found guilty by a jury of robbing the Delaware Trust Company, 18 U.S.C. § 2113(a), appellant raises as the sole question on this appeal that the government failed to produce sufficient evidence that the bank was insured by the Federal Deposit Insurance Corporation, a crucial element of the crime charged. At trial, the Assistant Vice-President and Manager of the Wilmington Office of the Delaware Trust Company testified that he was custodian of the charters of the bank, and that on the critical date, March 14, 1969, the bank was a member of the F.D.I.C. His testimony was not contradicted.

We hold that the uncontradicted testimony was sufficient to sustain the government’s burden. United States v. Phillips, 427 F.2d 1035, 1037 (9th Cir.), cert. denied, 400 U.S. 867, 91 S.Ct. 108, 27 L.Ed.2d 106 (1970); United States v. Safley, 408 F.2d 603, 605 (4th Cir.), cert. denied, 395 U.S. 983, 89 S.Ct. 2147, 23 L.Ed.2d 772 (1969).

The judgment of conviction will be affirmed.

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Bluebook (online)

463 F.2d 250, 1972 U.S. App. LEXIS 8622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leonard-mcintosh-ca3-1972.

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