UNITED STATES V. NELSON
419 F.2d 1237 (9th Cir. 1969)
NATURE OF THE CASE: This was an appeal for a robbery conviction and the use of
circumstantial evidence.
FACTS: Nelson (D) and Brewton were indicted for robbery. Brewton was found incompetent to
stand trial and D was tried separately and convicted. Direct evidence was offered that
Brewton entered a bank and handed a teller a note demanding money. Brewton was handed $627
including five marked $20 bills. An unidentified person was waiting in a running car (racing
the engine) in an adjacent parking lot to the bank where Brewton fled and they immediately
sped away. An alerted police officer spotted the car a few blocks away and gave chase; the
officer pursued at high speed. The car slowed and D alighted from the car and was
apprehended with $125. Brewton was arrested 15 minutes later attempting to hide $502 under a
nearby building (including the marked currency). D was charged as a principle and not an
accessory. D contends that the government was required to prove that D had actual knowledge
of the planned robbery by Brewton. D contends the government used an inference of
circumstantial evidence upon another inference of circumstantial evidence and such a use was
not proper.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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