v0840-386

6

WILLIAM StEWART,

Plaintiff in Error,

vs.

THE UNITED STATES

OF AMERICA,

Defendant in Error.

Brief of

Defendant

in Error.

It is contended by counsel for the plaintiff in error that

the Trial Court erred in its charge to the jury upon the sub-

ject of the flight of the defendant. The instruction in ques-

tion is as follows:

"The defense of Stewart is that he did not kill

Kibbe, and did not participate in the commission

of the crime hv any act of his own, or by any agree-

ment, plan, or understanding with Goodwin. The

defendant admits that he participated in the rob-

bery of the bodies of Hillpot and Kibbe. The

statute provides that the killing of a hurna.il being

committed in the perpetration of or attempt to

perpetrate a robbery is murder. The fact of rob-

bery is therefore a direct admission for your con-

sideration. The flight of the defendant with

Goodwin from the place of the murder is also evi-

dence of guilt and a fact for vour consideration.

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