People v. Walsh

The four defendants were jointly indicted in the common-law form for murder in the first degree. The fatal shot was fired by the defendant Walsh. The case was tried and submitted to the jury solely as a felony murder. The felony charged was robbery in a restaurant speakeasy. The victim was Joseph P. Burke, a police officer. All the defendants were found guilty and were sentenced to death.

The trial judge, after telling the jury that the point for them to decide was whether or not a felony had been committed, and if so, whether Officer Burke was killed while it was in progress, charged as…