328 F.2d 512 (1st Cir. 1964), 6177, Dirring v. United States

Docket Nº:6177, 6178.
Citation:328 F.2d 512
Party Name:John T. DIRRING, Defendant, Appellant, v. UNITED STATES of America, Appellee (two cases).
Case Date:February 25, 1964
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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Page 512

328 F.2d 512 (1st Cir. 1964)

John T. DIRRING, Defendant, Appellant,

v.

UNITED STATES of America, Appellee (two cases).

Nos. 6177, 6178.

United States Court of Appeals, First Circuit.

February 25, 1964

Heard Jan. 8, 1964.

Page 513

Philip W. Halloran, Boston, Mass., with whom Ernest W. Piper, Jr., Boston, Mass., was on brief, for appellant.

A. David Mazzone, Asst. U.S. Atty., with whom W. Arthur Garrity, Jr., U.S. Atty., and Murray H. Falk and Gordon A. Martin, Jr., Asst. U.S. Atty., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit judges.

ALDRICH, Circuit Judge.

A national bank in Avon, Massachusetts was robbed at 11:00 A.M. on February 1, 1963, by two masked men. The primary question on these appeals is whether there was sufficient evidence for the jury to find that one of them was defendant appellant. The cast of principal characters and list of properties are the following: Dirring, defendant appellant, known as 'Tiny'; Gleason, convicted co-defendant, who does not appeal; Mrs. Lucas, in whose house lived an adult daughter and Gleason; Somma, under indictment with Gleason for another matter; Mrs. Somma; a Buick sedan, property of Dirring; a 1949 Dodge, bought in the latter part of January 1963 by Gleason for Mrs. Lucas; an Oldsmobile station wagon, stolen on January 28, 1963.

The evidence warranted finding the following. About two weeks prior to February 1, 1963 Gleason called at the Somma's house accompanied by two men, one of whom was referred to as 'Tiny,' and who was short, of heavy build, and wore glasses and a hearing aid. 1 Gleason asked Somma if he wanted to 'drive a car on a score.' It was not defined what this meant. Somma refused. On January 30, and again on January 31, a telephone call was made from Mrs. Lucas' house to a number in Boston. The latter was a pay phone registered in Dirring's name, and was installed in a wallpaper and paint shop which was his place

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of business. Neither Mrs. Lucas nor her daughter placed the call, or knew Dirring.

On the morning of February 1 Gleason had received Mrs. Lucas' permission to use the Dodge. Shortly prior to 11:00 A.M. all three cars were in a parking lot about two miles from the bank. At the time of the robbery the Oldsmobile (only) was absent. The Oldsmobile was with close approximation identified by bank witnesses as the 'getaway' car. Soon after the robbery the Oldsmobile was back in the...

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