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United States v. Carter

United States Court of Appeals for the District of Columbia Circuit
445 F.2d 669 (1971)


Jessie Carter (defendant) and another individual named Whiteside were picked up by a taxi cab driven by John Pointer. Whiteside then shot and killed Pointer after Pointer refused to pull over at a specific location. Whiteside robbed Pointer of approximately $25. Witnesses saw Carter and Whiteside exit the cab and walk to a nearby friend’s house. Thereafter, an acquaintance, James Makel, drove Carter and Whiteside across town. Carter and Whiteside were later apprehended and charged with robbery, premeditated murder, and felony murder.  Carter and Whiteside were tried separately. At Carter’s trial, Makel testified that during the drive across town Carter kept reiterating that Whiteside did not have to kill Pointer because he had him “up tight,” which meant Carter had grabbed Pointer by the shoulder and neck and restrained him. Carter testified that he was in the taxi cab when Whiteside killed the driver, but denied any involvement or knowledge in the robbery or murder. The trial court directed a judgment of acquittal on the premeditated murder count. The jury convicted Carter on the robbery and felony murder counts. Carter appealed.

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Holding and Reasoning (Wilkey, J.)

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