351 F.2d 678 (10th Cir. 1965), 8166, Glass v. United States

Docket Nº:8166-8168.
Citation:351 F.2d 678
Party Name:Leslie Robert GLASS, Appellant, v. UNITED STATES of America, Appellee. Patrick John BURMEISTER, Appellant, v. UNITED STATES of America, Appellee. Stanley Eugene DAVIS, Appellant, v. UNITED STATES of America, Appellee.
Case Date:October 13, 1965
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 678

351 F.2d 678 (10th Cir. 1965)

Leslie Robert GLASS, Appellant,

v.

UNITED STATES of America, Appellee.

Patrick John BURMEISTER, Appellant,

v.

UNITED STATES of America, Appellee.

Stanley Eugene DAVIS, Appellant,

v.

UNITED STATES of America, Appellee.

Nos. 8166-8168.

United States Court of Appeals, Tenth Circuit.

October 13, 1965

Page 679

Jon D. Boltz, of Wilson & Boltz, Denver, Colo., for appellant Leslie Robert Glass.

Michael F. Morrissey, of Frickey & Morrissey, Denver, Colo., for appellant Patrick John Burmeister.

Gary Hemminger, Denver, Colo. (Bruce Owenbey, Denver, Colo., filed a brief), for appellant Stanley Eugene Davis.

Donald P. MacDonald, Asst. U.S. Atty., Denver, Colo. (Lawrence M. Henry, U.S. Atty., Denver, Colo., on the brief), for appellee.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

PICKETT, Circuit Judge.

The appellants, Glass, Burmeister and Davis, together with another defendant, Anderson, were charged in a two-count indictment with violations of the Federal Bank Robbery Act. The first count alleged that Anderson and Glass, by the use of firearms, put in jeopardy the lives of employees of the Erie Bank at Erie, Colorado, and stole approximately $7, 553.95, in violation of 18 U.S.C. § 2113(d). This count also alleged that Burmeister and Davis did aid, abet, counsel and induce Anderson and Glass in the commission of the robbery in violation of 18 U.S.C. § 2. The second count alleged that Burmeister and Davis, knowing the money to have been stolen from the Erie Bank, received a portion thereof. All

Page 680

defendants were convicted on the first count; Burmeister was acquitted on the second count; but Davis was found guilty. Anderson and Glass were sentenced to imprisonment for a term of 15 years, Burmeister to 8 years, and Davis to a 6 year term on each count, the sentences to run concurrently. Glass, Burmeister and Davis have perfected separate appeals.

On July 17, 1964, two armed men entered the Erie Bank, forced the employees into the bank vault, and escaped with about $7, 500.00. A short time thereafter, Anderson, Glass, Burmeister and Davis were arrested and charged with the crime. There was evidence that the four defendants had met previously and planned the robbery. Anderson and Glass entered the bank while Burmeister and Davis were in a nearby bar. Shortly thereafter...

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