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UNITED STATES v. SCHARTNER

July 26, 1967

UNITED STATES of America
v.
August Edward SCHARTNER, Jr.



The opinion of the court was delivered by: VAN DUSEN

 VAN DUSEN, District Judge.

 This case is before the court on the above Motion For New Trial (Document 11) and For New Trial on the Ground of After-Discovered Evidence (Document 21) filed after a trial, at the end of which the jury returned a verdict of guilty on all four counts of an Indictment charging the defendant with robbing the Bridesburg office of the Girard Trust Bank in North Philadelphia with a gun and carrying away more than $84,500. (see 18 U.S.C. ยง 2113). The principal defense argued to the jury by counsel for defendant (N.T. 468-491) was that the Government had failed to meet its burden of proving that the defendant was the person who had robbed the Bridesburg Bank on July 6, 1966. *fn1" The Government relied on three eye witnesses to establish identification of the defendant and also offered considerable circumstantial evidence in support of its claim, including the fact that over $40,000. in cash was found in the possession of the defendant when he was arrested in Oklahoma several weeks after the date of the robbery. The testimony of each of the three eye witnesses contains elements which enabled counsel for defendant to attack their accuracy.

 The bank manager was attacked as an interested witness and because, when first questioned, he failed to remember that the robber was wearing glasses at the time of the robbery. See N.T. 42-44, 97 and 105-6. *fn2"

 The only eye witness who was not an employee of the bank which had been robbed was a truck driver for the United Parcel Service, who delivered parcels for Philadelphia department stores in the area of the branch bank. He testified that he was parked directly across the street from the entrance to the branch bank at 2:20-2:30 P.M. on July 6, 1966 (N.T. 151-6). He observed (N.T. 154-5):

 
"* * * a man coming out of the bank dressed in a dark blue suit, and glasses, or a dark black suit. It was in a dark nature like that. He looked up and down the street. And he looked straight across the street at me. Or at my truck, I don't know which. But then he proceeded down Thompson Street towards Bridge Street. And got into a car.
 
"Q And would you be able to recognize that man if you saw him again?
 
"A Yes, sir.
 
"Q Is he in the Courtroom?
 
"A Yes, sir.
 
"Q Would you come down from the stand and point him out for us?
 
"A Yes, sir.
 
"THE COURT: You may ...

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