Opinion

Everett D. Green v. United States

  • 218 F.2d 856
  • 95 U.S. App. D.C. 45
  • 1955 U.S. App. LEXIS 2853
Court
Court of Appeals for the D.C. Circuit
Filed
Jan 20, 1955
Status
Published
Author
Prettyman
On the bench
Miller, Prettyman, Danaher
Cited by
20 cases

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.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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