United States v. Carter

445 F.2d 669 (1971)

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Nature of the Case

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Facts

Pointer, a part-time cab driver, made the mistake of picking up Carter (D) and Whiteside. Whiteside rode in the back while D rode in the front. When Whiteside called on Pointer to stop, and he did not, Whiteside took out his gun and shot him twice. Both D and Whiteside were seen by a witness leaving the cab. Whiteside had blood all over his coat, and the Pointer was slumped in the seat. Cigarettes belonging to D were found at the scene, and blood was found all over the cab. The money that Pointer was carrying was gone but for one dollar. D and Whiteside went to a local home, and they washed their hands and some of the blood from their clothing. D washed blood from four one dollar bills. Later they were driven by a friend, and they stopped for gas and Whiteside paid for gas with quarters from the change carrier of Pointer. D had wet money on his lap but did not use it. While driving, D kept telling Whiteside that he didn't have to kill the driver because D had him uptight. Eventually, Ds were arrested, and D made a voluntary statement and admitted being in the cab when Whiteside killed Pointer. D denied that he had any participation in the robbery and killing. D was convicted, and this appeal resulted.