UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DAVID RICHARD NORTON, DEFENDANT-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that there was substantial evidence to support the jury's verdict of guilt for being an accessory after the fact.
The defendant was convicted as an accessory after the fact to bank robbery. He assisted the robbers by instructing his brother to burn clothing and re…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Youth Corrections Act cases and more on FLexlaw
PER CURIAM:
David Richard Norton appeals from a conviction as an accessory after the fact to bank robbery in violation of 18 U.S.C. § 3.1 Norton was found guilty by a jury and sentenced under the Youth Corrections Act, 18 U.S.C. § 5010(b). We affirm.
Norton’s principal claim is that the evidence was insufficient to convict him.2 At approximately 1:30 p. m. on September 22, 1970, three men robbed a branch of the First Federal Savings and Loan Association of Mobile at gunpoint. Norton had known the individual robbers for periods ranging from five months to five years prior to the robbery. The robbers had been with Norton the evening prior to the robbery and the morning prior to the robbery. The robbers fled to his residence shortly after they committed the robbery. Norton instructed his younger brother to burn clothing belonging to the robbers and to remove the license tags from his automobile. Norton aided the robbers in their escape and lied to FBI agents as to the whereabouts of the robbers. Norton defended the charge on the theory that he had been coerced by the robbers and performed acts to assist them under extreme duress. The jury clearly rejected this contention. Taking the view of the evidence most favorable to the Government, see Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942), we find substantial evidence to support the jury’s verdict. There is abundant evidence from which the jury could have inferred that appellant knew the robbers had committed the offense, and that with such knowledge appellant rendered assistance in order to hinder or prevent their apprehension, trial or punishment. See United States v. Davis, 5 Cir., 1971, 443 F. 2d 560, 563-564; McFarland v. United States, 5 Cir., 1960, 273 F. 2d 417; United States v. Harper, 5 Cir., 1971, 450 F. 2d 1032, 1040; Hiram v. United States, 9 Cir., 1965, 354 F. 2d 4; United States v. Wilson, 7 Cir., 1966, 361 F. 2d 134.
We have carefully reviewed Norton’s other claims of error 3 and find them to be without merit.
Affirmed.
. 18 U.S.C. § 3 provides in pertinent part:
“Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.”
. Norton claims that the Government failed to prove a material allegation of the indictment, namely, that he knew that the robbers had committed a “bank robbery when he allowed them to enter his residence.
. Norton also claims that the District Court erred in allowing the prosecution to introduce into evidence a part of a prior statement of his younger brother which was materially different from the testimony of the witness in Court, when the witness was placed on the stand by the prosecution and the issue was crucial in the trial of the caso; in admitting various statements of appellant; and in allowing the prosecution to dwell upon immaterial social, immoral conduct of appellant in cross-examination of appellant.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Triplett, 922 F.2d 1174 (5th Cir. 1991)
-
Murphy v. Owens-Illinois, Inc., 779 F.2d 340 (6th Cir. 1985)
-
United States v. Bissonette, 586 F.2d 73 (8th Cir. 1978)
Authorities Cited
- Glasser v. United States, 315 U.S. 60 (U.S. 1942)
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Harper, 450 F.2d 1032 (5th Cir. 1971)
- McFARLAND v. United States, 273 F.2d 417 (5th Cir. 1960)
- Hiram v. United States, 354 F.2d 4 (9th Cir. 1965)
- United States v. Davis, 443 F.2d 560 (5th Cir. 1971)
- United States v. Wilson, 361 F.2d 134 (7th Cir. 1966)