when evidence at trial shows defendant committed felony and felony was sole cause of victim's death, evidence sufficient to find defendant guilty of felony-murder
How later courts described this case
- when evidence at trial shows defendant committed felony and felony was sole cause of victim's death, evidence sufficient to find defendant guilty of felony-murder
Written by the judges who cited it.
The opinion
PRETTYMAN, Circuit Judge
(dissenting) .
I would affirm in this case. I agree with the Government’s contention, as stated by the court, that even if the instruction was in error the trial judge in giving it “treated Green more favorably than he deserved, just as in the Goodall case.” In the language of Rule 52(a) of the Criminal Rules, the error “does not affect substantial rights” of the defendant and should “be disregarded.”