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Criminal Law Keyed to Kennedy
U.S. v. Jackson, Scott, & Allen
Citation:
560 F.2d 112 (1977)Facts
On June 11, 1976, Vanessa Hodges was introduced to defendant Martin Allen. Hodges wanted to meet someone who would help her carry out a plan to rob the Manufacturers Hanover branch located at 210 Flushing Avenue in Brooklyn, and she invited Allen to join her. Hodges proposed that the bank be robbed the next Monday, June 14th, at about 7:30 A. M. She hoped that they could enter with the bank manager at that time, grab the weekend deposits, and leave. Allen agreed to rob the bank with Hodges, and told her he had access to a car, two sawed-off shotguns, and a. 38 caliber revolver.
When they arrived at the bank, it was almost 8:00 A. M. They arrived too late to enter the bank as the manager opened the door. They rode around for a while longer, and then went to a restaurant to get something to eat and discuss their next move. After eating, the trio drove back to the bank. Allen and Hodges left the car and walked over to the bank. They peered in and saw the bulky weekend deposits, but decided it was too risky to rob the bank without an extra man. They recruited defendant William Scott, who promptly joined the team. Allen got another sawed-off shotgun obtained from one of the buildings in the project, and the group drove back to the bank.
When they arrived again, the bank was busy. Hodges suggested that they reschedule the robbery for the following Monday, June 21. Accordingly, they left the vicinity of the bank and returned to Coney Island where, before splitting up, they purchased a pair of stockings for Hodges to wear over her head as a disguise and pairs of gloves for Hodges, Scott, and Allen to don before entering the bank. Hodges was arrested on Friday, June 18, 1976 on an unrelated bank robbery charge, and immediately began cooperating with the Government. After relating the events of June 14, she told FBI agents that the others were planning to rob the bank.
At about 7:00 A. M. on Monday, June 21, 1976, FBI agents took various surveilling positions and arrested the defendant’s when they arrived.
The defendants were all convicted of attempted robbery. The trial court held that He concluded that on June 14 and again on June 21, the defendants took substantial steps, strongly corroborative of the firmness of their criminal intent, toward commission of the crime of bank robbery. They appealed, arguing that they did not cross the line which separates mere preparation from attempt.
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