Thomas Williams v. United States of America, Lindsey McDaniel v. United States

255 F.2d 896, 103 U.S. App. D.C. 144, 1958 U.S. App. LEXIS 4271

• Court: Court of Appeals for the D.C. Circuit
• Decided: May 22, 1958
• Docket: 14186_1
• Status: Published

Opinion

PER CURIAM.

The appellants, together with one Jackie J. Floyd, were indicted for common law murder, murder in perpetration of a felony, and robbery. Floyd has not been tried because of his mental condition. Appellants were tried only on the counts for murder in the perpetration of a felony, and for robbery, the count charging premeditated murder having been dismissed as to them. Two trials by jury resulted in mistrials, the first because the jury was unable to agree on a verdict and the second because a juror was unable to complete the deliberations. A third trial followed before a district judge alone, trial by jury having been duly waived. The judge acquitted appellants of the murder charge and convicted them of robbery, as aiders and abettors rather than as principals. It is from the resulting judgments that they appeal. 1

Appellants question the admissibility of certain evidence, the sufficiency of the evidence, and the validity of the robbery conviction on the ground of its alleged inconsistency with their acquittal of the charge of murder in the perpetration of the robbery. Upon consideration of these and all other questions raised we find no basis for reversal and the judgments are

Affirmed.

1 . Appellants were tried together. They took separate appeals from the separate judgments, but the two eases were here consolidated for briefing and argument.