This section contains the nature of the case and procedural background.

Bodganov (D) went with three women to a warehouse clothing store and while two of the women distracted the sales clerks at one end of the store, D held up a large pair of pants while the third woman slipped behind him into the office and took safe bank bags containing $2200 in cash and $1100 in checks. D was convicted, and this appeal resulted; the jury instruction of complicity violated his right to due process of law.

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