Opinion
No. 12686.
December 13, 1955.
Jameson Sislock, Detroit, Mich., for appellant.
Fred W. Kaess, George E. Woods, Detroit, Mich., for appellee.
Before SIMONS, Chief Judge, and McALLISTER and STEWART, Circuit Judges.
This appeal is taken from the district court's order denying appellant's motion to vacate sentence filed under 28 U.S.C.A. § 2255. Appellant's motion was based upon the claim that the evidence upon which he was convicted was inconsistent with the indictment. The indictment charged that appellant, in the course of a bank robbery, "did put in jeopardy the life of Fred W. Pluskat, by the use of a dangerous weapon, * * *." The evidence showed that it was actually appellant's co-defendant who held Pluskat at gun point.
Assuming that this claim was of a kind that could properly be made in a motion to vacate sentence, it was without merit. As the district court pointed out, a complete answer to the appellant's contention is the law that makes a principal of an aider and abettor. 18 U.S.C.A. § 2.
The order appealed from is affirmed.