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United States v. Skiba

November 12, 1959

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
WALTER E. SKIBA, DEFENDANT-APPELLANT.



Author: Schnackenberg

Before SCHNACKENBERG, KNOCH and CASTLE, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Walter E. Skiba, defendant, was indicted for the robbery of a bank at Bristol, Indiana, allegedly insured by the Federal Deposit Insurance Corporation. Upon a trial before a jury, defendant was convicted and sentenced to imprisonment for a period of twenty years, pursuant to 18 U.S.C.A. ยง 2113(a). He has appealed.

We quote from a brief of defendant's counsel:

"The errors relied on arise out of the ruling of the Court in permitting the witness, Kirkdorffer, the Assistant Cashier of the Bank, to testify over the defendant's objection, that Government's Exhibit 2 was a certificate under which the Bank was operating on the date of the robbery; the ruling of the Court in permitting Government's Exhibit 2, consisting of a Federal Deposit Insurance Corporation certificate, to be admitted in evidence over the defendant's objection; and the failure of the Court to grant the defendant's motions for judgment of acquittal made at the close of the Government's case and at the close of all of the evidence."

To support the allegation in the indictment that the bank where the alleged robbery took place was insured under Federal Deposit Insurance Corporation, Harold M. Kirkdorffer, assistant cashier of the bank, testified that it was operating under said exhibit 2, which reads as follows:

FEDERAL DEPOSIT INSURANCE CORPORATION

WASHINGTON D.C.

Hereby certifies that pur-

suant to the Federal Deposit

Insurance Act of the Con-

gress of the United States

each depositor is ...


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