United States v. Avellino, 10925.
| Decision Date | 18 November 1954 |
| Docket Number | No. 10925.,10925. |
| Citation | 216 F.2d 875 |
| Parties | UNITED STATES of America v. Anthony Richard AVELLINO, Anthony Asti, Frank Anthony Asti, Kenneth Dean Croyle, Thomas David McMahon, Jr. and John Doe (Vito Joseph Rossello). Appeal of Anthony Richard AVELLINO. |
| Court | U.S. Court of Appeals — Third Circuit |
John A. Robb and James Hornick, Pittsburgh, Pa., for appellant.
W. Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.
Before MARIS, McLAUGHLIN and STALEY, Circuit Judges.
Anthony Richard Avellino, Anthony Asti, Frank Anthony Asti and Kenneth Dean Croyle were convicted in the United States District Court for the Western District of Pennsylvania of the armed robbery of the Johnsonburg National Bank. The indictment upon which they were convicted charged these defendants in count one with the substantive crime of bank robbery, in counts two and three with placing in peril the lives of two bank employees and in count five with conspiracy to commit the substantive offenses, in violation of Sections 2113 and 371 of Title 18, United States Code. Count four charged Thomas David McMahon, Jr., with receiving proceeds of the robbery. McMahon pleaded guilty to that charge and also to count five charging conspiracy. A sixth defendant, John Doe, who had not been apprehended at the time of the trial, was charged with the substantive offenses and with the conspiracy. Avellino, Anthony Asti, Frank Anthony Asti and Croyle were found guilty by a jury upon counts one, two, three and five of the indictment and Avellino was sentenced to nine years imprisonment on count two and one year on each of the other three counts, all the sentences to be concurrent.
Avellino thereupon appealed to this court. His appeal was subsequently dismissed for failure to prosecute it in accordance with our rules. Later, upon allegations by Avellino that his attorney, since disbarred, in not prosecuting his appeal had failed to protect his interests this court reinstated the appeal and appointed other counsel to represent him. Counsel thus appointed addressed himself to the case with marked industry and ability. His full presentation at argument greatly aided us. He deserves and has the gratitude of the court.
Two basic questions are presented on appeal; first, whether the evidence was sufficient to support the finding by the jury that a conspiracy existed and, second, whether the evidence identifying Avellino as a participant in the crime and as a member of the conspiracy was sufficient to support the jury's verdict.
Addressing ourselves to the question whether there was sufficient evidence of a conspiracy, we note that there was competent testimony to the following effect: The Johnsonburg National Bank is located at Market and Bridge Streets in Johnsonburg, Pennsylvania. On Friday morning, February 15, 1952, about 5:30 A.M. two masked men, who had entered the bank building through a side window on Bridge Street, gagged and blindfolded a charwoman who had just come in to clean the building. The assistant cashier of the bank who entered about 8:20 A.M. was ordered by the two men at gunpoint to open two bank vaults. One robber was heavy-set and the other was shorter and thinner. The lower portion of each robber's face from the bridge of the nose down was covered with a cloth and each wore a cap with the visor pulled down over his eyes.
At 8:30 A.M. one of the tellers entered the bank and at gunpoint was ordered by the robbers to keep quiet. She had entered the bank through the front door on Market Street. At about the same time another bank employee arrived at the side door on Bridge Street and observing...
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Atkins v. United States
...south of Silvana, near the Great Northern Railroad tracks. See United States v. Caron, 266 F.2d 49 (2d Cir. 1959); United States v. Avellino, 216 F.2d 875 (3rd Cir. 1954). We now turn to the extrajudicial statements which appellants allege were erroneously admitted. We find them admissible ......
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United States v. Avellino, 10997.
...appellee. Before MARIS, McLAUGHLIN and STALEY, Circuit Judges. MARIS, Circuit Judge. This is a companion case to that of United States v. Avellino, 3 Cir., 216 F. 2d 875. The opinion of the court in that case states the facts with respect to the bank robbery which was the basis for the pros......
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Avellino v. United States, 321
...of Pennsylvania, and on June 13, 1952 he was sentenced for a term of nine years. The conviction was affirmed, United States v. Avellino, et al., 216 F.2d 875 (3 Cir. 1954). He was released on parole on November 4, 1957, with more than 3½ years remaining of the term originally On September 2......