United States v. Murray, 8809.
| Decision Date | 01 June 1945 |
| Docket Number | No. 8809.,8809. |
| Citation | 149 F.2d 932 |
| Parties | UNITED STATES v. MURRAY. |
| Court | U.S. Court of Appeals — Third Circuit |
Charles F. Uhl, U. S. Atty., and George Mashank, First Asst. U. S. Atty., both of Pittsburgh, Pa., for appellee.
Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.
The appellant, Murray, was indicted by a Grand Jury of the District Court of the United States for the Western District of Pennsylvania on March 22, 1939. The indictment contains two counts. The first count was based on an alleged violation by the appellant and others of subparagraph (a) of Section 588b of Title 12 U.S.C.A., charging that the appellant and others had robbed a national bank in Venango County, Pennsylvania, by force and violence and putting in fear. The second count was based on an alleged violation of subparagraph (b) of Section 588b, charging that the appellant and others had committed the offense stated in the first count by putting in jeopardy the lives of certain persons within the bank by the use of a dangerous weapon, viz., a revolver. The maximum sentence of imprisonment prescribed for the offense created by subparagraph (a) of Section 588b is twenty years. The maximum penalty of imprisonment prescribed for the offense created by subparagraph (b) is twenty-five years. The defendant was found guilty on both counts and on June 6, 1939 was sentenced to a term of imprisonment for twenty-five years. In 1944, the appellant filed a motion in the court below for a correction of his sentence, alleging in substance that the indictment did not accuse the appellant of a crime within the purview of Section 588b(b) of Title 12, and that, therefore, he was sentenced illegally to a term of twenty-five years. The court below denied his petition and he has appealed. On April 24, 1945 he also filed in this court as part of a supplemental brief an alternative motion for leave to file a petition for a writ of error coram nobis asserting the same grounds of error to the court below.
The appellant seems to contend that judgment of sentence could be legally imposed on him only under his conviction on count one because the second count of the indictment did not charge a crime in that it did not allege that the appellant assaulted persons in the bank and put them in jeopardy by the use of a dangerous weapon. In short, the appellant contends that the disjunctive "or" employed in subparagraph (b) of Section 588b occurring...
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Bradley v. United States
...1969), cert. denied, 396 U.S. 911, 90 S.Ct. 226, 24 L.Ed.2d 187; Gant v. United States, 161 F.2d 793 (5 Cir. 1947); United States v. Murray, 149 F.2d 932 (3 Cir. 1945). We need not decide this question. We simply hold here that proof of an "assault" under § 2113(d) requires not only that a ......
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United States v. Beasley, 20029.
...or by putting life in jeopardy with a dangerous weapon. Gant v. United States, 161 F.2d 793 (3d Cir. 1947); United States v. Murray, 149 F.2d 932 (5th Cir. 1945). The term "assault" is nowhere defined in the statute or in its legislative history, see generally, Prince v. United States, 352 ......
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Gant v. United States, 11858.
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United States v. Vasilick, 9305.
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