Bailey v. United States

416 F.2d 1110 (1969)

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Nature of the Case

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Facts

D spent time on the date of the robbery near the Center Market Provision Company, a wholesale meat distributor. D was first seen across the street shooting craps with a short, stocky man who was to become the actual robber. After a period of time, the pair walked over to the parking lot and stood by a truck owned by Center Market. The part-time bookkeeper of Center was the victim of the robbery. As the bookkeeper left the Market with a deposit of $4,200, he noticed D and the other man by the truck but attached no significance to the event. When the bookkeeper left to get in his car which was parked by the truck he was robbed at gunpoint. D, just prior to this robbery, had walked away from the gunman toward the curb on the street and was about ten feet away when the robbery took place. When they were discovered both parties ran away in the same direction. Two of Center's truck drivers attempted to follow them but they lost them. D was apprehended but the gunman got away and was never identified nor caught. D was convicted of aiding and abetting the principal in the commission of a crime. D appealed.