United States v. Earley

Gordon ""Butch"" Earley, Jr. appeals his conviction of bank larceny of the Grinnell State Bank in violation of 18 U.S.C. § 2113(a) & (e). The jury found defendant guilty on two counts. In Count I, he was found guilty of killing Dan Kriegel in the course of committing the larceny and in Count III, he was found guilty of killing Dawn Kriegel in the course of committing the larceny. The district court1 entered a judgment of conviction ""of the offense of violation of Title 18 U.S.C. § 2113(a) and (e)"" and adjudged a single sentence of life imprisonment. Earley seeks a new trial on the grounds that the indictment was multiplicious and his conviction after a jury verdict of guilty on two counts constituted double jeopardy, that certain evidence was erroneously admitted as a present sense impression or as an excited utterance, that polygraph results were erroneously barred from admission into evidence, and that evidence of a prior incident involving a witness was erroneously not admitted into evidence. The district court denied his motion for a new trial. We affirm the conviction.