United States v. Nelson

419 F.2d 1237 (9th Cir. 1969)

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Nature of the Case

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Facts

Nelson (D) and Brewton were indicted for robbery. Brewton was found incompetent to stand trial and D was tried separately and convicted. Direct evidence was offered that Brewton entered a bank and handed a teller a note demanding money. Brewton was handed $627 including five marked $20 bills. An unidentified person was waiting in a running car (racing the engine) in an adjacent parking lot to the bank where Brewton fled and they immediately sped away. An alerted police officer spotted the car a few blocks away and gave chase; the officer pursued at high speed. The car slowed, and D alighted from the car and was apprehended with $125. Brewton was arrested 15 minutes later attempting to hide $502 under a nearby building (including the marked currency). D was charged as a principle and not an accessory. D contends that the government was required to prove that D had actual knowledge of the planned robbery by Brewton. D contends the government used an inference of circumstantial evidence upon another inference of circumstantial evidence and such a use was not proper.