[DOWNLOAD] "United States v. Ploeger" by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Ploeger
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 20, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Two armed men robbed The Peoples Liberty Bank and Trust Company of Elsmere, Kentucky, January 21, 1967, and one Walter Dillinger confessed to being one of the men and pled guilty to a violation of 18 U.S.C. § 2113(a) and (d). His confession implicated defendant-appellant who was then indicted, tried and convicted by jury verdict of bank robbery under the same statute. Upon appeal, this Court, 428 F.2d 1204, reversed that conviction for what was determined to be prejudicial error at trial, and remanded the case for a new trial. At such second trial defendant-appellant was again found guilty by jury verdict, and he perfected this appeal from the judgment of conviction. All three of the issues which counsel for the parties agree in their briefs are presented by this appeal are concerned with the testimony of Walter Dillinger who at both trials testified that the defendant-appellant had been his partner in the robbery. However, evidence in the record establishes that prior to the second trial appellant's attorney received a letter from Dillinger in which he indicated that he would change his testimony, and that he wished to testify for appellant. Some five days after the second trial, at which as indicated he testified for the Government, Dillinger wrote a letter to the District Judge who had presided at both trials in which he stated that his testimony against the appellant was not true. Appellant then moved for a new trial on the basis of newly discovered evidence, but at the hearing on this motion Dillinger testified that his testimony at both trials had been true; he had similarly testified at a hearing held in connection with a motion at the second trial. Dillinger's testimony at these hearings was that his inconsistent, out of court statements supporting appellant's innocence were made as the result of threats and pressure brought to bear upon him while incarcerated by friends of the appellant, and because of similar pressures exerted on members of his family outside of prison.

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