United States v. Carter
United States Court of Appeals for the District of Columbia Circuit
445 F.2d 669 (1971)
Jessie Carter (defendant) and an accomplice, Whiteside, were picked up by cab driver John Pointer. Whiteside shot and killed Pointer after Pointer refused to stop the cab, then robbed him of about $25. A witness saw Carter and Whiteside leave the cab together, and an acquaintance, James Makel, testified that Carter told him during a later drive that Whiteside didn't need to kill Pointer because Carter already had him restrained ("up tight"). Carter and Whiteside were tried separately; the jury convicted Carter of robbery and felony murder, and acquitted him of premeditated murder. Carter appealed, arguing Makel's testimony was not credible enough to tie him to the robbery and killing.
Whether a defendant may be convicted of felony murder for participating in a robbery that results in a killing, even though the defendant was only an accomplice to the person who actually committed the killing.