United States of America, Plaintiff-appellee, v. Andrew Green Ward, Jr., Defendant-appellant, 456 F.2d 688 (9th Cir. 1972)

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U.S. Court of Appeals for the Ninth Circuit - 456 F.2d 688 (9th Cir. 1972) April 10, 1972

Richard C. Turrone, of Turrone & Komar, San Jose, Cal., for defendant-appellant.

Dwayne Keyes, U. S. Atty., William B. Shubb, Asst. U. S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before CHAMBERS, WRIGHT and GOODWIN, Circuit Judges.

PER CURIAM:


Ward was convicted of armed bank robbery and appeals. We affirm.

We find the contention that there was an "atmosphere of fear" throughout the trial not supported by the record. Also, the contention that public trial was lacking when three teenagers were excluded from the building is without merit. And, there was adequate evidence of guilt.

On this record, evidence of a previous arrest does not require reversal.

Any burden the government had as to showing the fairness of the pre-trial line-up was met.