O'CONNOR v. United States

KERN, Associate Judge:

Appellant was convicted by a jury of murder in the first degree while armed1 and several lesser offenses, viz., carrying a pistol without a license and receiving stolen property.2 He urges on appeal that the evidence adduced was insufficient to support his conviction for murder; the trial court erred in instructing the jury that if it found beyond a reasonable doubt appellant had intended, after deliberation and premeditation, to kill another person but by accident shot and killed the decedent, it could find appellant guilty of murder as charged; the trial court abused…