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  • United States v. Larry Locklear, 445 F.2d 1406, 4th Cir. (1971)

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    Larry Locklear appealed his conviction of bank robbery, asserting that the evidence was insufficient to submit the case to the jury and that the jury's verdict was contrary to the evidence. The Fourth Circuit Court of Appeals found that while the evidence against Locklear was circumstantial, there was sufficient evidence from which a reasonable person could conclude guilt beyond a reasonable doubt, and affirmed the district court's judgment.

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    Filed: 1971-09-01 Precedential Status: Precedential Citations: 445 F.2d 1406 Docket: 71-1221_1

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    Larry Locklear appealed his conviction of bank robbery, asserting that the evidence was insufficient to submit the case to the jury and that the jury's verdict was contrary to the evidence. The Fourth Circuit Court of Appeals found that while the evidence against Locklear was circumstantial, there was sufficient evidence from which a reasonable person could conclude guilt beyond a reasonable doubt, and affirmed the district court's judgment.

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    United States v. Larry Locklear, 445 F.2d 1406, 4th Cir. (1971)

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    Larry Locklear appealed his conviction of bank robbery, asserting that the evidence was insufficient to submit the case to the jury and that the jury's verdict was contrary to the evidence. The Fourth Circuit Court of Appeals found that while the evidence against Locklear was circumstantial, there was sufficient evidence from which a reasonable person could conclude guilt beyond a reasonable doubt, and affirmed the district court's judgment.

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    of 1

    445 F.

    2d 1406

    UNITED STATES of America, Appellee,


    v.
    Larry LOCKLEAR, Appellant.
    No. 71-1221.

    United States Court of Appeals, Fourth Circuit.


    Sept. 1, 1971.

    Philip A. Diehl, Raeford, N.C., on the brief for appellant.


    Williams L. Osteen, U.S. Atty., on the brief for appellee.
    Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL,
    Circuit judges.
    PER CURIAM:

    Appellant was convicted of bank robbery by a jury in the district court. In this
    appeal he asserts that the evidence was insufficient to submit the issue to the
    jury, and that the verdict of the jury was contrary to all the evidence.

    An examination of the briefs of the parties and the record shows that although
    it was circumstantial, there was 'clearly sufficient evidence from which a
    reasonable mind might fairly conclude guilt beyond a reasonable doubt.'
    Johnson v. United States, 265 F.2d 496, 497 (4th Cir. 1959).

    Accordingly, we dispense with oral argument and the judgment of the district
    court is affirmed.

    Affirmed.

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