605 F.2d 1177 (10th Cir. 1979), 78-1525, United States v. Taylor

Docket Nº:78-1525.
Citation:605 F.2d 1177
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Willie Ray TAYLOR, Defendant-Appellant.
Case Date:September 27, 1979
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 1177

605 F.2d 1177 (10th Cir. 1979)

UNITED STATES of America, Plaintiff-Appellee,

v.

Willie Ray TAYLOR, Defendant-Appellant.

No. 78-1525.

United States Court of Appeals, Tenth Circuit

September 27, 1979

Argued Sept. 10, 1979.

Edwin L. Gage of Robinson, Locke & Gage, Muskogee, Okl., for defendant-appellant.

John R. Osgood, Asst. U.S. Atty., Muskogee, Okl. (Julian K. Fite, U.S. Atty., Muskogee, Okl., with him on brief), for plaintiff-appellee.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal by Willie Ray Taylor from his conviction by a jury for robbery of a federally insured bank, in violation of 18 U.S.C. § 2113(a) and (d).

The questions on appeal concern the sufficiency of the evidence to support the

Page 1178

guilty verdict and the necessity for a mistrial after a prosecution witness remarked he had previously "worked a case on" Taylor. Error is also alleged in connection with the prosecution's offer into evidence of a ski mask found after the robbery; the trial court rejected the evidence. From our examination of the record we find this assignment of error to be insubstantial and do not treat it further.

Two men, Kenneth DeWayne Calloway and defendant's brother Anthony Taylor, were identified by eyewitnesses as having robbed a bank in Morris, Oklahoma. Calloway was immediately apprehended with money in hand and pleaded guilty. Anthony Taylor stood trial and was convicted. Both testified in the instant case, admitting that a third person was involved in the robbery, but denying it was defendant Willie Ray Taylor.

The evidence tying defendant to the robbery was wholly circumstantial. On the morning of the robbery he had borrowed the van used as a getaway vehicle from its owner, a girl friend of another brother. The van was parked near the bank at the time of the robbery and was started up as Anthony Taylor entered it from the passenger side, thus indicating the existence of a third accomplice. The vehicle was found shortly after the robbery in a parking lot at Oklahoma State Tech in Okmulgee. Two sets of footprints ran from a road just two blocks from the parked van, through fresh snow across a field about one-half mile to the back door of the residence where the Taylors were apprehended. There were no other footprints in the field or anywhere around the house. No car tracks were...

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