Burton v. United States

Appellant was convicted of murder in the second degree. The indictment charged murder in the first degree — a killing with deliberate and premeditated malice. Four points are argued for reversal of the judgment.

The first ground of appeal is an instruction given that the jury might return a verdict of murder in the first degree if they believed that the killing was committed while appellant was engaged in robbery. The court then defined the crime of robbery. It is argued that this instruction was improper because robbery was not charged in the indictment. There is no merit to this contention.…