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Earl Kill Smith v. United States
250 F.2d 37
4th Cir.
1958
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PER CURIAM.

This is an appeal from denial of a motion, made under Rule 35 of the Rules of Criminal Procedure, 18 U.S.C., to- correct the sentence in a criminal case. Appellant pleaded guilty to, an indictment charging bank robbery and that in perpetrating the robbery he put in. jeopardy the lives of named persons “by the use of a dangerous weapon”. He was-sentenced to a term of twenty-five years, imprisonment and to pay a fine of $10,-000. He complains of this sentence on the ground that the “dangerous” weapon was not more specifically described in the indictment. The point is without merit for reasons adequately stated in the opinion of the District Judge. United States v. McGann, 150 F.Supp. 463. The crime was charged in the language of the statute (18 U.S.C. § 2113(d)); and it is well settled that this is sufficient.

Affirmed.

Case Details

Case Name: Earl Kill Smith v. United States
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Mar 3, 1958
Citation: 250 F.2d 37
Docket Number: 7464_1
Court Abbreviation: 4th Cir.
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