OPINION AND ORDER
MARSH, District Judge.
On June 7, 1968, William E. Zeiler and Richard P. Chiocca were convicted by a jury on two counts of an indictment charging them with robbery of the Pittsburgh National Bank, Carrick Office, in the course of which lives were put in jeopardy by use of a pistol. Title 18 U.S.C. § 2113(a) and (d). Chiocca was sentenced; his motion for a new trial was withdrawn. The defendant Zeiler filed a motion in arrest of judgment, for a new trial or for judgment of acquittal. We think the motion should be denied.
On August 24, 1964, the Pittsburgh National Bank, Carrick Office, was robbed of $15,040. According to the testimony of the bank employees, a lone male, undisguised and unmasked, entered the bank at about 2:20 o'clock P.M. and walked to teller window No. 3, manned by Lois Reinhardt. There he requested that she change three one-dollar bills into dimes. As she attempted to comply, he placed a hand-printed note on her counter, the contents of which threatened her life;
he gave her a brown paper bag and ordered her to fill it with money, he had a pistol in the palm of his hand which the teller saw. Obediently, Mrs. Reinhardt obtained money from her cash drawer and put it in the bag. He then gave the bag to teller Dorothy Reusche at window No. 2, who was aware of the robbery, and he said, "you too". He pointed the pistol at Mrs. Reusche when she hesitated in unlocking the lower drawer under the counter. He said: "This is your last chance." Then Mrs. Reusche put the money contained in all her drawers into the bag. The robber remained on the customer side of the counter. He was observed by Belle Gray, a bank employee, who had been attracted to him by "a look of like pure hatred" which he gave her as she passed behind Mrs. Reinhardt on her way to her desk on the other side of the bank. After teller Reusche handed him the bag, the robber departed through the front door, turning to the right as he reached the street. Then Mrs. Reusche screamed "we have been held up!", and Mr. Collins, the bank manager, rushed out of the bank in pursuit of the robber.
At that time, Charles E. Metzger was standing on the sidewalk in front of a drug store near a corner of the shopping center in which the bank is located. He heard someone running and, upon looking up, saw a man, whom he later identified as Zeiler, running towards him with what appeared to be a brief case under his arm. The runner passed within two feet of Metzger and went around the corner. When Collins approached, he asked Metzger, "did you see that man?", and Metzger replied, "yes, there was a man just run around the corner. He was getting into his car." Collins and Metzger went to the corner and observed the robber getting into a light green 1954 Plymouth automobile in the parking lot. Both men observed that there was affixed to the car a white license plate resembling a temporary registration plate issued in Pennsylvania by dealers to purchasers of automobiles pending delivery of the permanent plate. The car was hastily driven over the curb into Parkfield Street, turned to the right, and then was driven out of sight. Shortly thereafter this car was found abandoned by the police about two miles from the bank.
Investigation revealed that this automobile was purchased by the defendant Chiocca from Kilgore Auto Sales in the early afternoon of the day of the robbery. Chiocca's fingerprints were found on the documents used to transfer title and register the vehicle. A white temporary license plate was affixed to the car.
Zeiler's first argument in support of his motion is that he "WAS PREJUDICED IN BEING TRIED JOINTLY WITH A CO-DEFENDANT WHERE THE CO-DEFENDANT HAD MADE ADMISSIONS INCRIMINATING DEFENDANT ZEILER." In our opinion, the codefendant, Chiocca, did not make admissions incriminating Zeiler. He did make self-incriminating admissions to the effect that he supplied the car for this robbery and divulged what he did with the money which he received as his share. Mrs. Ruth A. Stephens, Chiocca's paramour, testified to what she heard Chiocca tell their attorney before he gave himself up. The critical part of her testimony is as follows:
"A Then Mr. Schuchert asked Mr. Chiocca how and when they would get in touch with one another as far as this bank robbery was concerned, and Mr. Chiocca said that this person would call a few days before and a few days after the bank robbery. Mr. Schuchert also asked did he supply the car for this bank robbery, and Mr. Chiocca said that he did. Also, Mr. Schuchert asked him what sum of money he had gotten, but I don't remember this answer.