Charles Eugene Hayter, Appellant, v. United States of America, Appellee, 362 F.2d 973 (9th Cir. 1966)

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US Court of Appeals for the Ninth Circuit - 362 F.2d 973 (9th Cir. 1966) May 24, 1966

Before CHAMBERS, KOELSCH and BROWNING, Circuit Judges.

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 car 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.

Thomas G. Bell, Christensen, Bell & Morris, Las Vegas, nev., for appellant.

John W. Bonner, U.S. Atty., Robt. S. Linnell, Asst. U.S. Atty., Las Vegas, Nev., for appellee.