Cook v. United States, 19937.
| Decision Date | 29 August 1963 |
| Docket Number | No. 19937.,19937. |
| Parties | Don B. COOK, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Gordon MacDowell, Dallas, Tex., Don B. Cook, Sugarland, Tex., for appellant.
Leighton Cornett, Asst. U. S. Atty., Tyler, Tex., for appellee.
Before RIVES, JONES and BROWN, Circuit Judges.
The appellant, Don B. Cook, was convicted of robbing the First State Bank of Eustace, Texas, a bank whose deposits were insured by the Federal Deposit Insurance Corporation, 18 U.S.C.A. § 2113. There is no room for doubt as to the robbery of the bank or as to the commission of the offense by the appellant. Although there are other questions raised, the only one of sufficient substance to require consideration is whether there was an absence of proof that the bank was insured at the time of the robbery and such absence of proof requires a reversal of the conviction and sentence.
The Vice President of the bank was a witness for the Government. That portion of his testimony here material is as follows:
There was no objection to the testimony, there was no motion for a judgment of acquittal, and there was no motion for a new trial. It is urged that the plain error rule should be invoked and we should reverse because of a failure to prove that the bank was insured at the time of the offense. There is applicable here, we conclude, the rule which Wigmore states in this language:
The foregoing rule is to be used with caution. This seems, however, to be an appropriate place for its application. We think that the common knowledge of the nearly...
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