482 F.2d 485 (4th Cir. 1973), 71-2219, United States v. White

Docket Nº:71-2219, 72-1705.
Citation:482 F.2d 485
Party Name:UNITED STATES of America, Appellee, v. Ellsworth William WHITE, Appellant.
Case Date:August 01, 1973
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 485

482 F.2d 485 (4th Cir. 1973)

UNITED STATES of America, Appellee,

v.

Ellsworth William WHITE, Appellant.

Nos. 71-2219, 72-1705.

United States Court of Appeals, Fourth Circuit.

Aug. 1, 1973

Argued Oct. 30, 1972.

Page 486

Lowry J. Miller, Arlington, Va. (Court-appointed counsel), for appellant in Nos. 71-2219 and 72-1705.

Joseph A. Fisher, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., Gilbert K. Davis, Asst. U. S. Atty., on brief), for appellee in Nos. 71-2219 and 72-1705.

Before HAYNSWORTH, Chief Judge, and CRAVEN and WIDENER, Circuit Judges.

HAYNSWORTH, Chief Judge:

Appealing from his conviction of bank robbery in violation of 18 U.S.C.A. § 2113(a), (d), White complains of the absence of a line-up preceding his trial, of a refusal of a motion to sever his trial from that of two co-defendants, and of the denial of a motion for a new trial, based upon after-discovered evidence. We affirm after careful consideration of his contentions.

At approximately 11:10 o'clock in the morning of July 20, 1971, the Alexandria National Bank, in Alexandria, Virginia, was entered by four black males. One was armed with a shotgun and another with a pistol. The manager of the bank testified that the man with the pistol ordered her and others to lie down on

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the floor. Meanwhile, two of the other robbers proceeded to scoop up money from the drawers of the tellers and from the drive-in window. The four then left the bank and drove off in a blue Dodge, which had been stolen from Avis-Rent-A-Car at Washington National Airport. After driving a short distance, the Dodge was parked in the parking area of some apartment houses and the men went over, or through, a fence and entered a white Buick Wildcat, driven by a girl confederate who was waiting for them. The five then drove to the Bellview Naval Observatory, where they abandoned the Buick, a car which had been stolen that morning from a street in the District of Columbia, and all entered a blue Cadillac belonging to Paul Dixon, one of White's codefendants.

At the joint trial of White, Dixon and the girl, Lewis, the manager of the bank and two tellers all identified Dixon as one of the robbers; the manager and one of the tellers identified White as another. The second teller said that one of the robbers was tall and slender, as White is, but she was not certain that White was the man.

A maintenance man at the apartment houses, where the Dodge was abandoned, testified that he saw the girl, Lewis, and White there, but his testimony was shaken when it appeared that, earlier, he had identified a picture of Dixon as one of the men he had seen. While still on the witness stand, when shown a picture of a line-up which included Dixon, he picked Dixon out as...

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