UNITED STATES V. CARTER 445 F.2d 669 (1971) CASE BRIEF

UNITED STATES V. CARTER

445 F.2d 669 (1971)

NATURE OF THE CASE: This was an appeal from a conviction of robbery and felony murder.

FACTS: Pointer, a part time cab driver, made the mistake of picking up Carter (D) and Whiteside. Whiteside rode in the back while D rode in the front. When Whiteside called on Pointer to stop and he did not, Whiteside took out his gun and shot him twice. Both D and Whiteside were seen by a witness leaving the cab. Whiteside had blood all over his coat and the Pointer was slumped in the seat. Cigarettes belonging to D were found at the scene and blood was found all over the cab. The money that Pointer was carrying was gone but for one dollar. D and Whiteside went to a local home and they washed their hands and some of the blood from their clothing. D washed blood from four one dollar bills. Later they were driven by a friend and they stopped for gas and Whiteside paid for gas with quarters from the change carrier of Pointer. D had wet money on his lap but did not use it. While driving D kept telling Whiteside that he didn't have to kill the driver because D had him up tight. Eventually Ds were arrested and D made a voluntary statement and admitted being in the cab when Whiteside killed Pointer. D denied that he had any participation in the robbery and killing. D was convicted and this appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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