Opinion
No. 71-2132.
April 10, 1972.
Richard C. Turrone, of Turrone Komar, San Jose, Cal., for defendant-appellant.
Dwayne Keyes, U.S. Atty., William B. Shubb, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.
Appeal from the United States District Court for the Eastern District of California; Sherrill Halbert, Judge.
Before CHAMBERS, WRIGHT and GOODWIN, Circuit Judges.
Ward was convicted of armed bank robbery and appeals. We affirm.
We find the contention that there was an "atmosphere of fear" throughout the trial not supported by the record. Also, the contention that public trial was lacking when three teenagers were excluded from the building is without merit. And, there was adequate evidence of guilt.
On this record, evidence of a previous arrest does not require reversal.
Any burden the government had as to showing the fairness of the pre-trial line-up was met.