United States v. Phillip Duane Bredy and Benedict Daniel Enoch, Jr.

455 F.2d 1382

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 3, 1972
• Docket: 71-3562
• Status: Published

Opinions

PER CURIAM:

Affirmed.¹ See Local Rule 21.²

1 . Bredy was found guilty of the robbery of the East Dallas Bank by the use of a firearm in violation of 18 U.S.C.A. § 2113(a), (d) (2). Enoch was found guilty of aiding and abetting. We have considered the following errors asserted by one or the other or both of the defendants and find each of them to be without merit: (1) insufficiency of the evidence to support the conviction and the refusal to grant an instructed verdict of not guilty; (2) the giving of an Allen charge; (3) the Court’s instruction on aiding and abetting; (4) the reading of instructions by the Court as requested by the jury; (5) the refusal of the Court to charge on lesser included offenses; and (6) the Court’s instruction of the meaning of jeopardy.

2 . See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5 Cir. 1970).