William H. Fuller v. United States

On Rehearing En Banc

Before BAZELON, Chief Judge, and FAHY, Senior Circuit Judge, and DANAHER; BURGER, WRIGHT, Mc-GOWAN, TAMM, LEVENTHAL and ROBINSON, Circuit Judges, sitting en banc. LEVENTHAL, Circuit Judge:

Appellant Fuller.was prosecuted on a three count indictment. Count I charged first degree felony-murder, Count II charged first degree premeditated murder, and Count III charged rape. All the counts arose from the same crime. At his trial he was convicted of first degree murder on Count I, of manslaughter as a lesser included offense on Count II, and of rape. His appeal raised numerous…