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One Went to Denver episode #25 - 4 of 7 pages

This is a great episode, but with a few amusing plot holes.
The bank guard shoots the two robbers in the bank. Emerging from the bank, the guard sees robber #3 mounting his horse outside the hotel and riding off. The guard shoots robber #3.
What is the problem with this? Well, Robber #3 had nothing to do with the robbery (at least as far as the guard knows!). He was in the hotel when the robbery went down, and never showed any outward sign of involvement with the robbers. The psychic bank guard, however, perceived his involvement and shot him.
Problem #2 - Tom Birch's arrest. Let's imagine, for the moment, the trial of Tom Birch for bank robbery. It would go something like this:
LAWYER: Mr. McCain, where were you during the bank robbery?
LUCAS: In the saloon.
LAWYER: And where was my client, Mr. Birch?
LUCAS: Also in the saloon.
LAWYER: Did he ever cross the street to assist in the robbery?
LUCAS: No.
LAWYER: Did he draw his gun?
LUCAS: No.
LAWYER: He was just having a drink with you in the saloon, wasn't he?
Well, you can imagine from that exchange where I am heading - - Birch would have likely been acquitted of bank robbery - at least of the North Fork Bank job. Thanks Renewed Fan!

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