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Criminal Law Keyed to Osler
United States v. Zungia
Citation:
6 F.3d 569 (9th Cir. 1993)Facts
There was a bank robbery of the Valley National Bank at 5:45PM. A lone man walked in, and gave the teller a note that stated “$4,000 or I’ll blow your head off. At you a gun I got pointed.” The teller gave the robber almost $2,000 and the robber left. An off-duty police office saw the robber get into a car where he saw “two black men”. The plates of the car were traced back to Andres Gonzales Portal.
Portal told officers he went to the bank with a fried Damaso Olivera and an acquaintance Juan Zuniga. Portal said that only Zuniga entered the bank for about 10 minutes and knew nothing about a robbery. He said they drove around for 30-45 minutes after. confirmed this. Police arrested Zuniga and found a shirt in the search of his home that matched the description of the robber. Also the teller identified Zuniga in a police lineup.
At trial, defendant presented testimony from his wife that he was home when she got home from work. Depending on the bus schedule that would be between 5:15 and 6:00PM. It would be impossible for him to have gotten home when his wife arrived after the robbery and driving around after.
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