Jones v. United States, 7711.

• Decision Date: 11 December 1958
• Docket Number: No. 7711.,7711.
• Citation: 262 F.2d 44
• Parties: Tyrus Fields JONES and Robert Wesley Princeler, Appellants, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Fourth Circuit

262 F.2d 44 (1958)

Tyrus Fields JONES and Robert Wesley Princeler, Appellants, v. UNITED STATES of America, Appellee.

No. 7711.

United States Court of Appeals Fourth Circuit.

Argued November 3, 1958.

Decided December 11, 1958.

Walter E. Black, Jr., and H. B. Mutter, Baltimore, Md. (Court-appointed counsel), for appellants.

John R. Hargrove and Martin A. Ferris, Asst. U. S. Attys., Baltimore, Md. (Leon H. A. Pierson, U. S. Atty., Baltimore, Md., on the brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOBELOFF, Chief Judge.

The appellants were convicted by a jury and sentences of twenty-five years were imposed upon each of them under an indictment for bank robbery in violation of Title 18 U.S.C.A. §§ 2 and 2113. Since a principal contention on this appeal is that the evidence is legally insufficient to sustain the conviction, a somewhat detailed summary is necessary.

Clarence E. Cranford, an employee of the First National Bank of Southern Maryland, Marlow Heights Branch, was at home with his wife and child on the night of January 26, 1958, when two armed men entered the apartment at 10:25 p. m. and announced to Cranford that he was going to take them to the bank to get the money from the night depository, and that if he did as he was told no one would get hurt. The men wore masks, described by Cranford as the "Frankenstein type," covered with painted scars, gashes and horns, and it was brought out in the testimony that one of the masks appeared to have more red coloring than the other. One man was carrying a sawed-off shotgun; the other, a pistol. Further to impress their victims, the bandits broke open the weapons and showed them that the ammunition chambers were loaded. Afforded this unusual opportunity for a close inspection, the Cranfords noted certain distinctive features of the sawed-off shotgun, particularly the ridges or jagged marks made by the saw in cutting away the barrels.

Some conversation ensued, but as the man and wife were required to face the wall, they had "very little chance to observe" the men at that time. Cranford did testify, however, that when he was taken to his bedroom to get a pair of socks, he had a good look, through the opening in the mask, at the eyes and "rather sandy eyebrows" of the man later identified as Princeler. Though the other facial features were covered, Cranford testified that he clearly observed the eyes and part of the eyebrows.

The men switched guns, and the one then carrying the pistol left with Cranford. As directed, Cranford drove off with the man in his, Cranford's, car to the bank, opened the bank door, and placed all the cash and checks from the night depository into a bag. Cranford was then instructed to telephone his wife. The masked man took the phone and talked briefly to the accomplice he had left in the Cranford apartment. He tied Cranford's hands and feet, left him at the bank and departed with the loot about 11:00 p. m.

Meanwhile, the other masked man had remained, shotgun in hand, with the woman and child. She testified that while there was little conversation, he did order her to get him a soft drink from the refrigerator. She specially noted the quality of his voice. When the telephone rang and Mrs. Cranford answered, the man took the phone from her, talked briefly, hung up and hastily withdrew from the apartment. The woman further testified that she had observed that the man wore dull black loafers, blue trousers and argyle socks. She also noticed rather closely his hair and neck when he was talking on the telephone.

Four days after the robbery, the Cranfords attended two line-ups conducted by the FBI in Hyattsville, Maryland. The first consisted of five FBI agents and the appellant Princeler. At the trial an FBI agent estimated the height of the men in the line-up as ranging from 5'-10" to 6'-2". Princeler is 6' tall. Mrs. Cranford positively identified Princeler as the masked man who stayed in the apartment with her, because "his hair was the same color and looked the same as the man that was in the apartment with me, and when he spoke in the line-up I just knew it was him." On cross-examination, she admitted that there was nothing peculiar about his build, hair color, or "soft-spoken voice," but she adhered firmly to her identification of Princeler. Her husband, on the other hand, could not make a positive identification of Princeler and would testify only that he "resembled" one of the masked men. Certain discrepancies in the description Cranford gave the police of the man who remained in the apartment further weakened his testimony as to Princeler.

Included in the second line-up were the appellant Jones, two FBI agents and two civilians. Cranford was more sure in his identification of Jones as the masked man who took him to the bank. The wife also identified Jones. The Cranfords testified at the trial that after witnessing the line-ups they had no discussion with each other before they identified both the accused.

The line-up procedure seems to have been normal. The contention that those who stood up with the defendants were distinctly different and "cleaner" in appearance, to facilitate and induce identification of the defendants, raises a jury question. Our examination of the photographs of the line-ups indicates no basis for the contention.

A search of Princeler's apartment yielded a pair of black loafer shoes, which Mrs. Cranford identified as "looking exactly" like those worn by the masked man who stood guard over her in the apartment.

It was stipulated at the trial that the appellant Jones was visited by his brothers, Donald and Charles, at the Baltimore City Jail on the morning of ...