Weedin v. United States
| Decision Date | 27 July 1967 |
| Docket Number | No. 21418.,21418. |
| Citation | 380 F.2d 657 |
| Parties | Jack T. WEEDIN, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Richard D. Harris, Seattle, Wash., for appellant.
Eugene G. Cushing, U. S. Atty., Michael Hoff, Asst. U. S. Atty., Seattle, Wash., for appellee.
Before BROWNING, DUNIWAY, and ELY, Circuit Judges.
Jack T. Weedin challenges the sufficiency of the evidence to sustain his conviction of aiding and abetting (18 U.S.C. § 2) Daniel Raymond Schwartzenberger and Lawrence Arthur Smith* in the robbery of a bank (18 U.S.C. §§ 2113(a) and 2113(b).
The government's evidence clearly established that Schwartzenberger robbed the National Bank of Commerce in Seattle, Washington, on February 10, 1966, and Weedin does not contend otherwise. He argues that the evidence was insufficient to show that he aided and abetted the others in the commission of the crime. Stated briefly, and with conflicts and contradictions resolved in favor of the government, the evidence against Weedin was as follows.
Weedin was a deputy sheriff for King County. He met Schwartzenberger a few months before the robbery when the latter was being held in the King County jail on charges of robbery and possession of narcotics. Schwartzenberger was released on bail during January 1966.
The two men were in contact personally or by telephone a half dozen times after Schwartzenberger's release on bail.
Late in January, Weedin searched out Schwartzenberger and arranged to and did meet with him in a Seattle tavern.
Early in February, Weedin approached two of Schwartzenberger's friends in a bar in Schwartzenberger's hotel and said he wanted to see Schwartzenberger. One of the two men told Weedin that Schwartzenberger was "out looking for a caper."
On February 3, Schwartzenberger phoned Weedin three times at his home.
On February 8, Weedin went to Schwartzenberger's hotel room and asked his roommate, Neil Estes Scott, Weedin said "he wanted to get in touch with Danny Schwartzenberger as soon as he could or have him call."
During the night of February 9, Schwartzenberger called Scott at their room to get Weedin's telephone number, which was hidden on a picture frame. Schwartzenberger then called Weedin, reaching him after Weedin had gone to bed. According to Weedin, he agreed to sell Schwartzenberger a .45-caliber automatic for three hundred dollars, to be delivered to Schwartzenberger that night and to be paid for the following afternoon at three o'clock. Weedin drove to downtown Seattle from his suburban home and delivered the weapon and seven rounds of ammunition to Schwartzenberger at 11:00 p. m. Weedin and Schwartzenberger were together for approximately fifteen minutes in Weedin's car; Weedin testified that Schwartzenberger attempted to get him to accept five hundred dollars rather than three hundred dollars for the gun, but he refused.
Schwartzenberger robbed the bank the following day at approximately 2:15 p. m., using a .45-caliber automatic. At 3:00 p. m. Weedin went to the agreed-upon place to receive his payment but Schwartzenberger did not appear.
When first questioned by the FBI agents, Weedin stated he had seen Schwartzenberger only twice after Schwartzenberger's release on bail; he denied having seen Schwartzenberger February 9; and he denied having sold or delivered a pistol to Schwartzenberger on that night. Weedin admitted the latter transaction only after the FBI agents confronted him with their knowledge of its occurrence. His explanation of the two earlier meetings with Schwartzenberger were that the first was to tell Schwartzenberger that another prisoner, Bob Crites, wanted Schwartzenberger to pick up some clothing belonging to Crites; and that the second was to deliver twenty-five dollars which he had agreed to lend to Schwartzenberger. He originally stated...
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