United States v. Bryan

483 F.2d 88 (3rd Cir. 1973)

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Nature of the Case

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Facts

Bryan and Echols were indicted and tried. Echols was charged with stealing 950 cases of scotch from a pier. Bryan (D) was charged with aiding and abetting Echols. At a nonjury trial, the trial judge found that Echols was not guilty as there was reasonable doubt that Echols was just an innocent dupe. D, however, was found guilty as he supplied the false documents that enabled Echols to get the goods off the pier. The judge found that D aided and abetted and also that Bryan was the principal, but that the variance in the indictment was not prejudicial error. This appeal resulted.