“examination of the elements of homicides, notably the mental states, illustrates that it is second degree murder, not first degree murder, which would sufficiently test a jury's belief of the crucial facts for a conviction of capital murder”
How later courts described this case
- “examination of the elements of homicides, notably the mental states, illustrates that it is second degree murder, not first degree murder, which would sufficiently test a jury's belief of the crucial facts for a conviction of capital murder”
- mail fraud not precluded as RICO predicate where conduct could be prosecuted under False Claims Act
- In criminal RICO prosecution, corporation simultaneously can be defendant and "enterprise”
- "A corporation may be simultaneously both a defendant and the enterprise" under section 1962(c)
Written by the judges who cited it.
The opinion
C. A. 6th Cir. Certiorari denied.
Justice Marshall took no part in the consideration or decision of this petition.