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UNITED STATES v. ISENBERG

May 24, 1972

UNITED STATES of America
v.
Lewis Edward ISENBERG, Jr., and Robert Glenn Isenberg


Marsh, Chief Judge.


The opinion of the court was delivered by: MARSH

MARSH, Chief Judge.

 About ten minutes before 5:00 o'clock in the afternoon of Monday, December 20, 1971, two men, armed with sawed-off shotguns, entered the Reynolds-Transfer Office of the First National Bank of Mercer in Greenville, Pennsylvania, threatened three female tellers with harm, and ordered them to put the bank's money into a satchel which one of the robbers threw on the floor. The robbers took $21,799.96 from the possession of the bank. The taller of the two robbers wore a ski mask covering the lower half of his face; the shorter robber did not have a mask on his face.

 On March 28, 1972, the defendants, Lewis Edward Isenberg, Jr. and Robert Glenn Isenberg, were indicted in two counts for this bank robbery, §§ 2113(a) and 2113(d), 18 U.S.C.

 After conviction by a jury, the defendants moved for a new trial. The motion assigned the following seven reasons:

 
"1. The verdict is contrary to the evidence.
 
"2. The verdict is contrary to the weight of the evidence.
 
"3. The verdict is contrary to the law.
 
"4. The Court erred in admitting the bait money list, Government Exhibit 8, and, therefore, the bait money as well.
 
"5. The Court erred in admitting the ski mask and raincoat allegedly worn by the robbers, Government Exhibit 16 and 17.
 
"6. The Court erred in permitting the eyewitness in-court identification of Defendant, LEWIS EDWARD ISENBERG, by Clara Cameron [sic].
 
"7. The Court erred in summarizing the prosecutions evidence at length where the Defendants did not take the stand and presented no other evidence."

 In my opinion, the motion should be denied.

 The chain of circumstances implicating the defendants as the robbers was strong and convincing. In addition, Lewis Isenberg was implicated by the direct evidence of Clara Campbell, a bank teller, who positively identified him as the shorter of the two robbers; and when Lewis Isenberg was arrested he was in possession of ...


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